Ifio- 


(   ■ 


yVw^' 


ACTS 


OF   THE 


GENERAL  ASSEMBLY 


OF   THE 


STA.TE    OF    'VIEG-IIS'IA., 


PASSED  AT  CALLED  SESSION,  1862, 


IN   THE 
I 


EIGHTY-SEVENTH  YEAR  OF  THE  COMMOM^ALTH, 


RICHMONDt 

WILLIAM   F.   RITCHIE,   PUBLIC   PRINTER. 
1862. 


Digitized  by  the  Internet  Arciiive 

in  2012  witii  funding  from 

University  of  Nortii  Carolina  at  Chapel  Hil 


http://archive.org/details/actsofgeneralassvirginia 


ACTS 


PASSED     AT     THE 


CA-LLED     SESSIOiSr,    1862. 


Chap.  1. — An  ACT  to  provide  for  the  production,  distribution  and  sale  of 
Salt  in  this  Commonwealth. 

Passed  October  1,  18C2. 

1.  Be  it  enacted  by  the  general  assemblj-,  that  the  governor  of  i^owers  of  gr- 
this  commonwealth  may  adopt  every  such  measure  and  do  every  ^'^^^'^'■ 
such  act  as  in  his  judgment  may  be  necessary  and  proper  to  be  done, 

in  order  to  secure  the  possession,  production  or  distribution  to  con- 
venient places,  of  such  quantity  of  salt  as  will  in  his  judgment  be  g 
sufiBcient  to  supply  the  people  of  this  commonwealth :  and  to  that  Faith  of  com- 
end,  may  bind  the  faith  of  the  commonwealth  for  the  performance  uowTiedged 
of  such  contracts  and  engagements  as  he  may  determine  to  be  neces- 
sary and  proper ;  and  may  exercise  full  authority  and  control  over 
the  property  and  franchises  of  any  person,  firm  or  company  in  this 
commonwealth,   whenever  he  shall  judge  it   to  be  necessary  and 
proper  to  exercise  the  same,  in  order  to  secure  the  possession,  pro- 
duction or  distribution  of  the  quantity  of  salt  aforesaid:  provided,  Washington  and 
that  nothing  herein  contained  shall  be  construed  to  authorize  the '"^"^"^ '^^l*.   , 

o  works  not  to  ut-^ 

purchase  of  the  Smyth  and  Washington  or  Kanawha  salt  works,  or  Purchased 
any  freehold  interest  therein. 

2.  If,  in  the  opinion  of  the  governor,  in  order  to  obtain  a  speedy  property,  how 
and  sufficient  supply  of  salt,  it  shall  be  expedient  to  do  so,  he  may  ^'^^^'^^'  *^- 
seize,  take  possession  of  and  hold  and  exercise  full  authority  and 

control  over  the  property,  real  and  personal,  of  any  person,  firm  or 
company,  and  any  engines,  machinery  or  fixtures  and  other  property 
or  thing  necessary  for  the  production  of  salt  in  tliis  commonwealtli, 
whenever  he  shall  judge  it  to  be  necessary  to  exercise  the  power 
hereby  conferred,  in  order  to  secure  the  production  and  distribution 
of  the  quantity  of  salt  aforesaid. 

3.  If,  by  the  exercise  of  the  power  conferred  by  the  second  sec-  what  contracts 
tion  of  this  act,  any  property  should  be  taken  in  relation  to  which  *°  '"'  respected 
there  may  be  existing  contracts  with  the  Confederate  States,  or  any 

of  the  states  of  the  Confederate  States,  or  with  any  county,  city  or  contracts  with 
town  in  this  commonwealth,  entered  into  by  virtue  of  an  act  of  the  be"regpectert  '' 


4  SALT. 

^     geneftl  assembly,  entitled  an  act  to  authorize  the  county  courts  to 
purchase  and  distribute  salt  among  the  people,  and  provide  payment 
whnt  cor.tracts  for  the  samc,  passed  IMaj"  ninth,  eighteen  hundred  and  sixty-two,  or 
to  be  respi-cted  any  contract  with  individuals  for  the  benefit  of  any  county,  city  or 
town,  which  contract  may  have  subsequently  been  adopted  by  such 
county,  city  or  town,  under  the  act  aforesaid :  provided,  that  such 
contracts  with  and  for  said  counties,  shall  not  be  respected  for  a 
larger  amount  of  salt  than  the  twenty  pounds  for  each  inhabitant  pro- 
posed b3'  the  lessees  to  be  furnished  in  the  proposition  on  which  said 
act  was  founded,  the  same  shall  be  respected,  and  the  supply  of  salt 
"When  contracts  Or  Salt  water  SO  contracted  for  shall  be  furnished.     If  a  sufficient 
to  be  disre-  '      supply  of  Salt  Water  cannot  be  obtained  at  the  wells  now  producing 
ffardeci  ^^Ij.  ^j^j-gj,_^  f^j.  ^j^g  production  of  a  sufficient  supply  of  salt  for  the 

people  of  the  state,  or  cannot  promptly  be  obtained  from  new  weils, 
then  the  governor  is  empowered  to  disregard,  in  whole  or  in  part, 
wten  other       such  contracts  with  the  states  of  the  Confederate  States ;  but  if  a 
furnished  surplus  of  water  may  exist,  then  the  governor  is  directed  to  furnish 

to  the  other  states  of  the  Confederate  States,  out  of  any  surplus  of 
salt  water  that  may  remain  after  the  supply  of  a  sufficient  quantity 
Proviso  to  the  state  of  Virginia :  provided,  that  nothing  in  this  act  shall  be 

so  construed  as  to  authorize  the  governor  to  prevent  the  owners  of 
*  salt  property,  or  their  assignees,  from  manufacturing  and  selling  salt 

from  salt  water,  or  fossil  salt  remaining  after  all  the  uses  of  the  state, 
imder  the  provisions  of  this  act,  are  supplied. 

When  rail  roads  4.  The  govcmor  may  take  control  of  any  rail  road  or  canal  in  this 
may  e  a  en  gt;a,te,  if  necessary  for  the  transportation  of  salt  for  distribution,  or 
for  the  transportation  of  fuel  or  other  thing  necessary  for  the  pro- 
duction of  salt ;  but  the  power  conferred  by  this  section  shall  not  be 
so  exercised  as  to  interfere  with  the  transportation  of  troops,  muni- 
tions of  war  and  army  supplies,  by  the  confederate  government. 

Places  of  distri-  5.  The  governor  shall  designate  places  in  the  commonv^'ealth  from 
which  the  sale  and  distribution  of  such  salt  may  be  made  to  citizens 
Knies  and  regit-  of  this  commonwealth,  and  prescribe  rules  and  regulations  for  the 
PiibUcation  Sale  of  the  same,  and  the  prices  at  which  it  shall  be  sold.  When 
such  prices  shall  be  so  prescribed  and  publishl^d  for  two  weeks  in 
some  newspaper  published  in  the  city  cf  Eichmond,  the  sale  of  such 
salt  at  any  higher  price  than  the  pi'ice  so  prescribed,  shall  be  a  mis- 
demeanor, and  the  sale  of  each  bushel,  or  any  part  of  a  Jbushel 
thereof,  at  a  rate  higher  than  the  price  so  prescribed,  shall  be  a  sepa- 

vioiation  of       rate  offence.     Any  violation  of  the  rules  and  regulations  so  pre- 
mies a  misde-  ••!_    j       i     ii   i  •    i  tt  •   i.-  c 

meanor  Bcribed,  shall  be  a  misdemeanor.     Upon  conviction  of  any  person 

under  this  act,  he  shall  pay  a  fine  of  not  less  than  one  hundred  nor 
more  than  two  thousand  dollars. 

Agents,  how  6.   If  the  governor  shall  find  it  necessary  to  employ  agents  to  re- 

Bond*'^^  ceive  money  for  the  sales  of  salt,  he  shall  require  them  to  give  bond, 


SALT.  5 

with  such  penalty  as  the  governor  may  require,  with  good  security, 

to  be  approved  by  the  governor,  payable  to  the  commonwealth,  with  How  payable 

condition  to  pay  all  money  received  from  the  sale  of  salt,  into  the 

treasury,-  to  the  credit  of  the  commonwealth,  at  the  end  of  each 

month. 

7.  The  sum  of  five  hundred  thousand  dollars  is  hereby  appro-  Amount  appro- 
priated, to  be  paid  out  of  the  treasury,  upon  warrant  to  be  issued  by 

the  auditor  of  public  accounts,  upon  the  orders  of  the  governor  in  Orders  of  go- 
writing,  to  be  given  only  in  payment  of  liabilities  incurred  for  the 
purposes  of  this  act. 

8.  For  the  use  of  any  of  the  property,  real  or  personal,  which  Damages,  how 
may  be  used,  occupied,  possessed  or  controlled  by  the  governor,  a  Boai-d  of  as- 
board  of  assessors,  to  be  eomyosed  of  five  persons  not  members  of '''^''^°'"^ 

the  general  assembly,  who  shall  be  appointed  by  a  joint  vote  of  the 
two  houses,  a  majority  of  whom  may  act  and  shall  concur,  shall  assess 
reasonable  compensation  or  damages ;  which  shall  be  paid  on  the  Damages,  how 
written  order  of  the  governor,  upon  a  written  assessment,  to  be  ^^^ 
signed  by  a  majority  of  the  members  of  the  board,  with  their  affi- 
davits that  such  assessment  is,  in  the  opinion  of  the  board,  reason- 
able and  just.     Such  assessment  shall  be  delivered  to  the  governor,  Assessment  de- 
to  be  filed  by  him  in  the  office  of  the  secretary  of  state  :  and  a  copj^  vemor     ° 
thereof  shall  be  forwarded  by  the  secretary  to  the  person,  firm  or 
company  who  may  be  entitled  to  the  compensation  or  damages ;  and  wiien  assess- 
unless  such  person,  firm  or  company  shall,  within  thirty  days  after 
such  copy  shall  be  delivered  to  them,  refuse,  by  written  objections, 
to  accept  the  same,  such  assessment  shall  be  deemed  to  be  final.     If  wiien  appeal 
the  governor,  on  behalf  of  the  state,  or  if  any  such  person,  firm  or 
company  shall,  within  thirty  days  after  such  assessment  shall  have 
been  so  filed  with  the  secretary  of  the  commonwealth,  file  such  writ- 
ten objections  with  the  secretary  of  the  commonwealth,  and  in  the 
office  of  the  circuit  court  of  the  city  of  Eichmond,  an  appeal  shall 
lie  from  such  assessment  to  the  said  circuit  court ;  and  the  proceed- 
ings thereon  in  said  court  shall  be  according  to  the  provisions  of 
chapter  fifty-six  of  the  Code  of  Virginia,  as  far  as  the  same  are  ap- 
plicable thereto,  except  that  the  commonwealth  shall  not  be  required 
to  pay  the  compensation  or  damages  to  the  party  entitled  thereto,  nor 
into  court,  before  the  decision  of  the  appeal.     No  order  shall  be  injunction  not 
made,  nor  any  injunction  awarded  by  any  court  or  judge,  to  stay  any  "   '^  ^'^^^  ^ 
proceedings  of  the  governor,  or  his  authorized  agents,  under  this  act. 
The  board  shall  be  convened  at  such  times  and  places  as  the  governor  Board,  how 
may  order,  and  shall  be  paid  each  the  sum  of  four  dollars  per  day,  °°'^^'^'^^'* 
and  actual  expenses  incurred  in  traveling ;  to  be  paid  by  warrants 
to  be  issued  upon  the  orders  of  the  governor. 

9.  This  act  shall  be  in  force  from  its  passage,  and  shall  continue  Commencement 
in  force  until  the  expiration  of  the  present  war. 


PUBLIC    DEFENCE. 


CiiAP.  2. — An  ACT  to  further  provide  for  the  Public  Defence. 
Passed  October  3,  1862. 


Eutv  of 
veriiur 


1.  Be  it  enacted  by  the  general  assemhly,  that  the  governor  of  this 
commonwealth  shall>  when  requested  by  the  president  of  the  Con- 
federate States,  be  aiad  he  is  hereby  authorized  and  required  from 
time  to  time  to  call  into  the  service  of  the  Confederate  States,  for 
labor  on  fortifications,  and  other  works  necessary  for  the  puldic  de- 
bei- limited  fence,  for  a  period  not  exceeding  sixty  days,  a  number  of  male  slaves 
between  the  ages  of  eighteen  and  forty-five  years,  not  exceeding  ten 
thousand  at  any  one  time,  and  not  exceeding  in  any  county,  city  or 
town  five  per  centum  of  the  entire  slave  population  thereof.  Such 
requisition  shall  be  apportioned  ratably  among  all  the  slaveholders  in 
the  several  counties,  cities  and  towns  on  which  the  requisition  shall 
be  made.  The  sum  of  sixteen  dollars  per  month  for  each  slave  shall 
be  paid  by  the  Confederate  States  to  the  holders-of  the  slaves,  and 
Yalwe  of  slaves,  soldier's  rations,  medicines  and  medical  attendance  furnished;  and 
the  value  of  all  such  slaves  as  may  escape  from  the  confederate  an- 
thorities  and  not  return  to  their  owners,  or  be  seized  or  killed  by  the 
public  enemy,  or  may,  by  want  of  due  diligence  on  the  part  of  the 
tiuthorities  of  the  Confederate  States,  in  any  manner  be  lost  to  the 
owners,  shall  be  paid  by  the  Confederate  States  to  the  owners  of 
such  slaves,  and  in  like  manner  compensation  shall  be  made  for  any 
injury  to  slaves  arising  from  a  want  of  due  diligence  on  the  part  of 
the  authorities  of  the  Confederate  States ;  and  in  those  cases  the 
burden  of  proof  shall  be  on  the  authorities  of  the  Confederate  States 
to  discharge  the  latter  from  liability  to  the  former.  Slaves  hired  by 
indi^'iduals  having  other  slaves,  shall  be  regarded  as  in  the  posses- 
sion of  their  owners,  and  classed  accordingly  in  regard  to  confederate 
service. 


.Siaves,  how 
'  .illed  out 


P^r  centage  iu 
vountie.s 


^Compensation 


"when  to  be  paid 


Farther  provi- 

hiouM 

Burden  of 
proof 

Slaves  hired, 
how  regarded 


Notice  to  coun- 
ties, how  given 


E,equisitions, 
how  filed 


How  directed 


2.  Be  it  further  enacted,  that  so  soon  as  the  governor  shall  call 
out  a  force  of  slaves  from  any  or  all  of  the  counties,  cities  and  towns 
of  the  commonwealth,  under  this  act,  he  shall  give  notice  thereof  to 
the  several  Counties,  cities  and  towns  on  which  the  call  may  be  made, 
by  causing  to  be  filed  with  the  clerks  of  the  several  county  and  cor- 
poration courts,  copies  of  the  requisitions  made  ©n  their  respective 
counties,  cities  and  towns.  It  shall  be  the  duty  of  the  said  clerks  forth- 
with to  issue  a  summons  to  all  the  acting  justices  of  their  respective 
counties  or  corporations,  requiring  tjiem  to  meet  at  the  courthouse  of 
the  county  or  corporation  on  a  day  to  be  named  iu  the  summons,  not 
later  than  three  days  from  the  filing  of  the  requisitiou,  to  carry  the 
same  into  effect ;  which  summons  shall  be  directed  to  and  executed 
by  the  sherifi"  of  the  county  or  sergeant  of  the  corporation,  as  the 
case  may  be. 


Duty  of  county 
courts 


3.  It  shall  be  the  duty  of  the  several  county  and  corporation  courts, 
after  being  duly  summoned  as  aforesaid,  and  not  less  than  five  justices 


PUBLIC    DEFENCE.  i 

beinsr  present,  to  call  to  their  assistance  the  commissioners  of  the  Commissioners 

°   ^  T  •  3      r  °*'  revenue 

revenue  of  their  respective  counties  and  corporations,  and  atter  as- 
certaining the  entire  slave  population  thereof,  to  apportion,  without  Reqmsitions. 
delay,  the  requisitions  aforesaid,  ratably  among  all  the  slaveholders  tioned 
yf  the  county  or  corporation,  throwing  into  classes,  when  necessary.  Classes,  when 

,  ^  -,  T  ••iii  vtol'e  made 

the  holders  of  but  one  or  few  slaves,  and  ascertaining,  by  lot,  or  by 
agreement  between  the  parties,  the  slave  or  slaves  to  be  sent  to  the 
fortifications  from  such  classes :  provided,  that  in  no  case  of  a  soldier  Proviso  as  to 
in  the  confederate  army,  owning  or  hiring  but  one  male  slave,  shall 
the  said  male  slave  be  subject  to  requisition  under  this  act. 

4.  So  soon  as  the  apportionment  aforesaid  shall  be  made,  it  shall  be  slaves,  vv-iien  t© 
the  duty  of  the  courts  of  the  several  counties  and  corporations  to  re-  sherhf" 
quire  each  slaveholder  to  deliver,  on  a  day  and  at  a  place  to  be  ap- 
pointed by  the  court,  not  more  than  three  days  from  the  date  of  the 

order,  his  quota  of  slaves  to  the  sheriff  or  sergeant,  as  the  case  may  be, 

to  be.  delivered  by  such  sheriff  or  sergeant  to  an  agent  or  officer  of  the  sheriff  to  de- 

Confederate  States.     All  slaves  delivered  by  the  holders  on  the  day  JJagent 

and  at  the  place  designated  as  aforesaid,  to  be  returned  at  the  espi-  slaves,  when  to 

ration  of  sixty  days.     Slaves  not  delivered  in  accordance  with  the  yrhlaYiaves 

or^er  of  the  court,  shall  be  seized  by  the  sheriff  or  sergeant,  as  the  ^""^  '^^  ^'''^''*^ 

case  may  be,  and  delivered  to  the  agent  or  officer  of  the  Confederate 

States  authorized  to  receive  them,  who  shall  thereupon  execute  a 

separate  receipt  to  each  owner  for  the  slave  or  slaves,  naming  them, 

■so  delivered  by  him,  and  may  be  held  on  the  terms  and  conditions 

aforesaid,  for  a  period  not  exceeding  ninety  days. 

5.  The  clerk  and  sheriff  or  sergeant  shall  attend  the  sessions  of  the  Duration  of 
court  as  in  other  cases ;  and  the  court  shall  continue  in  session  from  '^°'^"^^ 
day  to  day  until  the  business  shall  be  completed. 

6.  Should  any  county  or  corporation  court  fail  or  refuse  to  dis-  when  court 
charge  the  duties  hereby  imposed  upon  them,  it  shall  be  the  duty  of  ^^ty  "jup^'ge^'^''' 
the  clerk  of  such  court  immediately  to  notify  the  governor  thereof; 

and  thereupon  it  shall  be  the  duty  of  the  governor,  by  officers  and  powers  of 
agents  of  his  own  selection,  with  the  aid  of  the  commissioners  of  the^**^®™*"" 
revenue  of  the  respective  counties,  cities  and  towns,  who  are  hereby 
directed  to  render  such  aid  when  required,  to  impress  into  the  service  w^hen  slaves 
of  the  Confederate  States,  from  any  such  county,  citj^  or  town,  the™g-^gg^™' 
proportion  of  slaves  demanded  by  him  from  such  county  or  corpora- 
tion, not  exceeding  five  per  centum  of  the  entire  slave  population 
thereof,  apportioning  the  same  among  the  slaveholders,  as  herein 
above  set  forth,  as  near  as  may  be,  and  holding  the  same  not  longer  now  long  they 
than  ninety  days  for  the  uses  and  upon  the  terms  and  conditions  set  "^^^  '^^  retained 
forth  in  the  first  section  of  this  act, 

7.  In  making  the  requisitions  authorized  by  this  act,  the  governor  Burden  to  b* 
ia  requested  to  equalize  the  burden,  as  nearly  as  may  be,  among  the  ^i^^^^^'i 


Regard  to  be 
had  to  number 
of  glaveapre- 
vionsly  mr- 
uished 


PUBLIC    DEFENCE. — MILITARY   AFFAIRS. 

several  counties,  cities  and  towns  of  the  commonwealth,  and  amongst 
the  citizens  thereof,  having,  when  practicable,  due  regard  to  the 
number  of  slaves  heretofore  furnished  by  any  counties  or  corpora- 
tions, or  the  citizens  thereof,  under  any  call  heretofore  made  by  the 
president  or  secretary  of  war,  or  any  ofBcer  of  the  confederate  army. 

"When  certain  8.  So  soon  as  a  requisition  may  be  made  upon  any  county,  city  or 
8iave8  furnished,  towu,  it  shall  be  lawful  for  any  number  of  persons  who  may  be  re- 
owBer^**  °^  quired  to  furnish  not  less  than  thirty  nor  more  than  forty  slaves,  to 
place  such  slaves  in  charge  of  an  agent  or  overseer  selected  by  such 
owners,  who  shall  deliver  them  to  the  confederate  authorities,  at  the 
place  where  the  labor  is  to  be  performed,  at  tlie  espense  of  the  Con- 
federate States;  and  such  agent  or  overseer,  if  a  fit  and  proper  per- 
son, shall  be  employed  by  the  confederate  government  as  the  agent 
or  overseer  in  charge  of  the  slaves  during  their  service  of  sixty  days. 


Overseer,  how 
appointed 


.Subsistence, 
how  commuted 


9.  The  owner  of  any  slaves  may  furnish  subsistence  and  provisions 
to  his  slaves,  and  in  such  event  shall  be  allowed  commutation  in 
money  in  lieu  of  rations,  at  the  rate  of  sixty  cents  a  day. 

■■  .  ■:■,  10.  All  slaves  sent  voluntarily  by  their  owners  and  accepted  by 
the  agents  of  the  confederate  government,  shall  stand  on  the  same 
footing  as  if  sent  in  pursuance  of  the  proceedings  required  by  this  act. 

Acceptance  by       11.   Any  request  for  slaves  made  by  the  president  on  the  governor 
.States  under  this  act,  shall  be  regarded  an  assent  to  and  acceptance  of  all 

its  provisions  by  the  Confederate  States. 

Commencement      12.   This  act  shall  be  in  force  from  its  passage. 


Wlen  militia 
officers  may  be 
removed  by 
governor 


Chap.  3. — An  ACT  for  the  dismissal  of  Militia  Officers  for  treason  or 
.  disloyalty. 

Passed  October  6,  1862. 

1.  Be  it  enacted  by  the  general  assembly,  that  whenever  any  offi- 
cer of  the  militia  shall  be  guilty,  in  the  opinion  of  the  governor,  of 
treason  or  disloyalty,  it  shall  be  lawful  for  the  governor  to  remove 
such  officer ;  and  the  vacancy  thereby  occasioned  shall  be  filled  in 
the  mode  now  prescribed  by  law.  The  senate  shall  at  all  timeg 
have  power  to  reverse  the  action  of  the  governor ;  and  thereupon 
the  commissions  issued  in  consequence  of  such  dismissal,  shall  be 
Proviso  void :    provided,  that  no  officer  shall  be  dismissed,  except  in  cases 

where  he  cannot  be  arrested  and  served  with  the  charges  and  specifi- 
cations against  him,  as  is  at  present  provided  by  law. 

Reasons  to  be         2.   It  'shall  be  the  duty  of  the  governor,  in  all  cases  of  removal,  to 
governor  ^        assign  liis  reasons  therefor,  in  writing,  and  communicate  the  same  to 
the  next  general  assembly. 


Commencement      3.   This  act  shall  be  in  force  from  its  passage. 


MILTTAET   AFFAIRS. 


Chap.  4. — An  ACT  amending  and  re-enacting'  an  act  amending  and  re- 
enacting  the-2d  section  of  chapter  22  of  the  Code  of  Virginia,  respecting  -, 
persons  exempt  from  all  military  duties,  and  providing  the  mode  of  ex- 
emption, passed  February  18th,  1862. 

Passed  October  1,  1862. 

1.  Be  it  enacted  by  the  general  assembly,  that  the  act  amending  Act  iS62 
and  re-enacting  the  second  section  of  chapter  twenty-two  of  the 

Code  of  Virginia,  respecting  persons  exempt  from  all  military  duties, 
and  providing  the  mode  of  exemption,  passed  February  eighteenth, 
eighteen  hundred  and  sixty-two,  be  amended  and  re-enacted  so  as  to 
read  as  follows : 

"  §  2.  The  following  persons  only  shall  be  exempt  from  the  per-  who  exempted 
formance  of  all  military  duties,  to  wit :  the  vice-president  of  the 
Confederate  States ;  the  oiEcers,  judicial  and  executive,  of  the  go- 
vernment of  the  Confederate  States ;  the  members  of  both  houses  of 
congress,  and  the  clerk  of  each  house ;  all  custom  house  officers ;  the 
lieutenant  governor,  and  all  the  members  of  the  general  assembly, 
during  the  term  for  which  they  were  elected  or  appointed ;  the  secre- 
tary of  the  commonwealth,  and  his  clerks ;  the  clerks  of  the  house 
of  delegates  and  senate ;  the  judges  of  the  court  of  appeals  and  cir- 
cuit courts,  attorneys  for  the  commonwealth,  and  the  justices  of  the 
peace ;  tlie  clerk  of  each  of  said  courts,  and  of  each  county  and  cor- 
poration court;  judge  of  hustings  court;  the  sheriff  of  each  county, 
and  the  sergeant  and  collector  of  taxes  of  each  corporation  having  a 
hustings  court,  and  the  commissioners  of  the  revenue ;  the  attorney 
general,  the  treasurer,  two  auditors,  register  of  the  land  office,  su- 
perintendent of  the  penitentiarj',  and  their  clerks  and  assistants ; 
every  minister  of  the  gospel  licensed  to  preach  according  to  the  rules 
of  his  sect ;  superintendents  of  t^he  public  hospitals,  lunatic  asylums, 
and  the  regular  nurses  and  attendants  therein,  and  the  teachers  em- 
ployed in  the  institution  for  the  deaf  and  dumb  and  blind ;  one  phy- 
sician to  each  two  thousand  population,  to  be  selected  by  the  board 
herein  after  constituted ;  the  president,  the  general  superintendent 
and  two  local  superintendents  of  the  southern  telegraph  companies, 
in  no  case  to  exceed  four  persons ;  the  president  and  superintendent 
of  transportation  of  each  rail  road  company;  the  president,  secre- 
tary and  chief  collector  of  each  canal  company.  No  one  shall  be 
exempt  from  draft  by  reason  of  his  being  an  agent  of  a  commissary 
or  assistant  commissary,  or  quartermaster  or  assistant  quartermaster, 
whether  said  commissary  or  assistant  commissary,  or  quartermaster 
or  assistant  quartermaster  be  in  the  service  of  the  Confederate  States 
or  of  this  state,  or  by  reason  of  his  holding  any  office  or  commission 
in  the  militia :  and^whenever  any  militia  officer  is  drafted  for  actual 
service,  his  commission  shall  be  vacated." 

2.  If  the  constituted  authorities  of  any  city  shall,  within  twenty  officers  of  city, 
days  after  any  draft  has  been  made  therefrom,  apply  to  the  governor   °^  exempted 


10 


MILITARY  AFFAIRS. 


for  the  purpose,  he  shall  exempt  from  actual  military  service  any 
drafted  person  who  may  be,  at  the  time  of  the  draft,  an  officer  of 
such  city,  or  in  its  seryice,  in  connection  with  its  gas  or  water  works 
or  fire  and  police  departments ;  and  if  within  twenty  days  after  any 
draft,  the  president  and  superintendent  of  anj^  rail  road,  canal  and 
telegraph  company  shall  certify,  upon  their  honor,  to  the  governor 
that  the  services  of  any  drafted  person,  who  is  an  officer  or  employee 
of  such  companj',  are  necessary  to  the  efficient  operation  of  the  said 
road,  the  governor  may,  in  his  discretion,  exempt  such  person  from 
actual  military  service.  Any  person  exempted  under  this  section 
shall  be  deemed  to  be  detailed  for  duty  in  the  post  or  place  he  filled 
at  the  time  he  was  drafted,  without  pay  as  a  soldier;  and  in  case  he 
shall  leave  the  service  of  such  city  or  company,  he  shall  at  once  be 
remanded  to  the  military  service  for  which  he  was  drafted ;  and  if 
any  such  person  shall  fail,  for  ten  days  after  leaving  such  service,  to 
report  himself  to  the  governor  or  to  some  militarj'  officer  for  duty  as 
a  soldier,  he  shall  be  proceeded  against  as  a  deserter.  The  governor 
shall  promptly  cause  the  places  of  all  persons  exempted  under  thig 
section  to  be  filled  by  further  draft  from  the  respective  counties, 
Duty  of  mayor,  cities  and  towns  from  which  such  persons  were  drafted.  It  shall  be 
the  duty  of  the  president  or  mayor  of  the  city,  or  company,  as  the 
case  may  be,  promptly  to  report  to  the  governor  the  name  of  any 
person  so  exempted,  who  may  have  left  the  service  for  which,  he  was 
-  detailed. 


Powers  of 
governor 


When  exempt 
remanded  to 
service 


How  places  of 
exempts  to  be 
filled 


Boards  of  ex- 
emption, how 

constituted 


3.  Immediately  after  the  passage  of  this  act,  the  governor  shall 
issue  his  proclamation,  requiring  the  organization  of  a  board  of  ex- 
emptions in  each  countj^  and  corporation,  to  consist  of  the  presiding 
justice  or  recorder,  and  any  two  justices  whom  such  presiding  justice 
or  recorder  may  associate  with  him.  In  case  the  presiding  justice 
or  recorder  cannot  for  any  cause  act,  the  chief  clerk  of  the  hust- 
ings or  county  court  shall  summon  any  three  justices,  who  shall 
constitute  such  board.  Such  clerk  shall  act  as  clerk  of  the  board. 
In  case  there  be  no  such  clerk  present  and  capable  of  acting,  the 
clerk  of  the  circuit  court  shall  act ;  or  if  no  such  board  should  be 
organized,  the  governor  may  designate  any  three  justices  of  the 
county  or  corporation,  who  shall  constitute  the  board,  and  appoint 
their  own  clerk. 


Powers  of 
boards  of  ex- 
emption 


4.  The  board  shall  have  cognizance  of  all  questions  of  exemption, 
and  shall  adjudge  the  sufficiency  of  the  excuse  given  by  any  person, 
who,  by  reason  of  his  failure  to  report  his  name  for  enrollment,  as 
required  by  the  act  entitled  an  act  for  ascertaining  and  enrolling  the 
military  force  of  the  commonwealth,  passed  February  eighth,  eigh- 
teen hundred  and  sixty-two,  may  have  been  enrolkd  among  the 
drafted  levies,  as  prescribed  in  said  act.  For  punishing  contempts 
and  compelling  the  attendance  of  witnesses,  the  board  shall  have  the 
powers  of  a  county  court. 


MILITARY  AFFAIRS. — REDRESS   OF   LOYAL    CITIZENS.  11 

5.  In  no  case  shall  the  board  grant  a  discharge  upon  a  claim  of  Discharges  for 
exemption  for  bodily  infirmity,  unless  at  least  two  physicians  of  re-  fiimity,  how 
epectable  standing,  being  duly  sworn,  shall  prove  before  said  board  ^''™*^ 

that  the  bodily  infirmity  is  of  a  permanent  character,  and  is  such  as 
will  disqualify  the  claimant  for  discharging  the  duties  of  a  soldier. 

6.  Every  claim  for  exemption  or  excuse  shall  be  filed  with  the  Exemptions, 
clerk  of  tlie  board,  who  shall  issue  process  for  such  witnesses  as  the 
claimant  or  enrolling  officer  may  require ;  and  within  five  days  after 

a  draft  is  made,  and  on  a  day  to  be  designated  by  the  board,  the  trial 
of  cases  of  exemption  and  excuse  shall  commence ;  and  the  same 
^all  be  disposed  of  in  a  summary  manner  as  speedily  as  may  be. 
The  clerk  of  the  board  shall  promptly  report  to  the  adjutant  general 
the  name  of  each  person  exempted  or  excused  by  the  board. 

7.  For  every  failure  to  discharge  any  duty  prescribed  in  this  act,  Penalties  on 

.  ,  ,.11  1  T,  i"i  1    1       r-       -I  1         board  for  failure 

the  members  or  the  board  and  the  clerk  may  each  be  fined  not  less 
than  tey  nor  more  than  one  hundred  dollars. 

8.  All  acts  and  ordinances  and  parts  of  acts  and  ordinances  incon-  Repealing  clause 
sistent  with  this  act,  are  hereby  repealed. 

9.  This  act  shall  be  in  force  from  its  passage.  Commencement. 


Chap.  5. — An  ACT  to  redress  Loyal  Citizens  injured  by  the  exercise  of 
usurped  power. 

Passed  October  2,  I860.  .  •    ' 

Whereas  disloyal  persons  have  conspired  to  overthrow  the  legiti-  Preamble 
rnate  authority  of  this  commonwealth,  and  for  that  purpose  have 
established  "nlthin  the  limits  thereof  an  usurped  government,  whose 
power  is  exercised  to  the  injury  and  oppression  of  the  loyal  people  of 
this  state  within  its  influence  :  and  whereas  the  general  assembly  is 
desirous  of  providing  redress  to  such  injured  persons  against  such 
conspirators :   Therefore, 

1..  Be  it  enacted  by  the  general  assembly,  that  every  person  who.  Penalties  im- 
since  the  seventeenth  day  of  April,  Anno  Domini  eighteen  hundred  ^"ns  gi"ihy^of'''' 
and  sixty-one,  has  been  or  shall  be  guilty  of  establishing  or  of  at-  usvfrped'gefvern- 
terapting  to  .establish,  without  the  authority  of  the  legislature,  any  ™'^°*' *^<^- 
government  within  the  limits  of  this  state,  separate  and  apart  froni 
the  existiug  government,  or  who  has  held  or  exercised,  or  who  may  Holding  office  ■ 
hereafter  hold  or  exercise,-  in  such  usurped  government,  any  office,  vernment 
civil  or  military,  legislative,  executive  or  judicial,  or  any  authority, 
howsoever  conferred,  dependent  on  a  recognition  or  establishment  of 
such  usurped  government,  or  who  has  been  or  may  hereafter  be  a 


12 


REDRESS    OF   LOYAL    CITIZENS. — REDRESS    OF    CITIZENS. 


Incapable  of 
conveying  real 

estate 


surety  in  bond  or  otherwise,  under  any  requirement  or  practice  of 
such  usurped  government,  for  any  one  who  has  held  or  may  hereafter 
hold  any  such  office  or  authority,  shall  be  incapable,  by  deed  or  other- 
wise, of  selling,  conveying,  devising  or  encumbering  any  real  estate 
situate  in  this  state.  Every  deed  or  other  instrument  intended  to 
operate  on  such  estate,  and  every  acknowledgment,  proof  or  certifi- 
cate of  the  esecution  thereof,  and  tlie  record  thereof,  wheresoever 
made,  shall  be  null  and  void. 


Estates  of  per-        2.   The  estates  of  all  persons  mentioned  in  the  preceding  section, 
jecte'd  to  redress  vphich  they  are  thereby  incapacitated  from  conveying,  shall  be  and 
of  loyal  citizens  ^^.^  j^gj.gjjy  declared  to  be  subjected  and  devoted  to  the  redress  and 
indemnification  of  all  persons,  loyal  to  this  commonwealth,  who 
have  been  or  may  be  fhjured  by  the  exercise  of  any  office  or  autho- 
•   •    '  rity,  civil  or  military,  legislative,  executive  or  judicial,  howsoever  con- 

ferred under  the  said  usurped  government :  provided,  however,  that 
all  just  liens  on  such  estates,  existing;^.on  the  said  seventeenth  day  of 
April  eighteen  hundred  and  sixty-one,  shall- not  be  impaired-. 


Proviso  as  to 
.liens,  &c 


Commencement      3.    This  aot  shall  be  in  force  from  its  passage. 


Preamble 


Judge  or  other 
officer  of 
United  States 


Clerk,  <!tc. 


Purchasers  of 
property 
How  liable  to 
Joyal  citizen 


Chap.  6. — An  ACT  to  protect  and  indemnify  Citizens  of  Virginia. 
■  /  '  Passed  October  3,  1862. 

Whereas  an  act  or  acts  have  recently  been  passed  by  the  congress 
of  the  United  States,  authorizing  the  confiscation  of  the  property 
and  the  emancipation  of  the  slaves  of  loyal  and  true  citizens  of  the 
state  of  Virginia  and  of  the  Confederate  States ;  and  it  being  the 
duty  of  the  legislature  of  Virginia  to  protect  her  citizens,  and  as  far 
as  practicable,  indemnify  them  from  the  evil  consequences  of  the 
iniquitous  legislation  of  the  United  States  : 

1.  Be  it  therefore  enacted  by  the  general  assembly,  that  any 
judge  or  commissioner,  acting  under  the  authority  of  the  United 
States  government,  or  any  of  its  laws,  who  shall,  by  any  judgment, 
decision  or  .decree,  subject  to  confiscation  or  sale  the  property  of  any 
citizen  of  this  commonwealth,  or  any  clerk  who  shall  issue  process 
for  the  sale  of  any  such  property,  or  any  marshal,  sheriff  or  commis- 
sioner who  shall  sell  the  same,  they  the  said  judge,  commissionerj 
clerk,  marshal  and  sheriff,  or  either  of  them,  and  their  securities,  or 
any  or  either  of  them,  and  the  purchaser  or  purchasers  of  any  such 
property,  and  their  personal  representatives,  shall  be  jointly  and 
severally  liable  to  any  citizen  of  Virginia,  or  to  his  personal  repre- 
sentative, whose  property  has  been  so  confiscated  or  sold,  for  double 
the  value  of  such  property,  with  interest  thereon,  at  the  rate  of  six 
per  centum  per  annum,  from  the  time  of  the  seizure  or  sale  of  such 


REDEESS    OF    CITIZENS.  13 

property ;  and  judgment  therefor  may  be  obtained  in  any  court  of  judgment,  how 
record  in   this  corgimonwealth,   against  such  judge,  commissioner, 
clerk,  marshal  and  sheriff,  or  either  of  them,  or  against  their  securi- 
ties, or  any  or  either  of  them,  or  against  the  purchaser  or  purchasers 
of  such  property,  or  their  personal  representatives,  upon  motion  in 
such  court,  upon  ten  days'  previous  personal  notice,  or  upon  thirty  Notice,  ho-n- 
days'  notice  published  in  any  newspaper  in  the  city  of  Eichmond,  or  ^'^^° 
in  any  paper  published  in  this  state. 

2.  The  remedy  hereby  given  shall  not  prejudice  the  right  of  such  Rights  of  citizea 
citizen  from  taking  possession  or  otherwise  recovering  possession  of  judiced  *  ^^^ 
such  property,  or  any  part  thereof;  or  if  such  possession  should  be 

obtained,  the  right  of  such  citizen  to  the  benefit  of  such  liability  im- 
posed by  this  act,  shall  not  be  prejudiced  thereby;  and  the  right  to  Judgment  to  ba 
obtain-,  or  when  obtained,  to  enforce  such  judgment,  shall  not  be  im- 
paired by  reason  of  the  recovery  of  the  possession  of  the  property 
so  sold  or  confiscated. 

3.  Be  it  further  enacted,  that  any  ofiicer  or  agent  of  the  United  As  to  leases 
States  government,  who  shall  let  or  lease,  or  cause  to  be  let  or  leased 

the  property  of  any  citizen  of  Virginia,  the  said  officer  or  agent,  and 
his  securities,  and  the  person  or  persons  to  whom  the  property  was 
so  let  or  leased,  and  his'  or  their  personal  representatives,  shall  be  How  liable 
liable  to  any  such  citizen  of  Virginia,  or  to  his  personal  representa- 
tive, for  double  the  value  of  the  property  for  the  time  which  it  was 
so  let  or  leased,  and  for  all  waste  or  damage  to  which  the  property  waste  or  da- 
rn ay  have  been  subjected  during  that  time;  to  be  recovered  in  the  h'ow  recovered 
manner  mentioned  in  the  first  section  of  this  act :  and  the  court  in  jury,  how  im- 
which  any  case  arising  under  this  act  may  be  pending,  is  authorized  ^^^^*^  ^ 
to  have  summoned  and  impanneled  a  jury  to  ascertain  any  question 
of  fact  material  to  the  correct  adjudication  of  the  case. 

4.  Be  it  further  enacted,  that  any  judge,  commissioner,  or  other  Penalty-  for 
officer  or  agent  of  the  government  of  the  United  States,  who  shall,  6™^°"='?^"°° 
by  any  judgment,  decree  or  decision,  emancipate  or  cause  to  be 
emancipated  the  slaves  of  any  citizen  of  Virginia,  the  judge,  com-  judge,  &a.  hoyr 
missioner,  or  other  officer  or  agent  of  the  United  States  government, 

or  either  of  them,  and  their  securities,  or  either  of  them,  shall  be         ' 
liable  to  any  citizen  of  Virginia,  or  his  personal  representative, 
whose  slaves  have  been  so  emancipated,  for  double  the  value  of  the  Amount  of 
slave  or  slaves ;  to  be  recovered  in  the  manner  mentioned  in  the  ''^    '  ^ 
first  section  of  this  act. 

5.  Be  it  further  enacted,  that  any  person  in  this  commonwealth.  Persons  hoidics 
or  the  security  of  any  such  person,  who  shall  hereafter  hold  or  accept  °   ^^'    °' 
any  office,  trust  or  appointment,  civil  or. military,  legislative,  execu- 
tive or  judicial,  under  or  by  authority  of  the  government  of  the 

United  States,  or  under  or  by  the  pretended  authority  of  the  usurped 


14  REDRESS   OF   CITIZENS. 

government,  pretended  to  have  been  established  since  the  seventeenth 
day  of  April  eighteen  hundred  and  sixty-one,  within  the  limits  of  this 
state,  separate  from  the  existing  and  true  government,  and  without 
the  authority  of  the  legislature ;  and  all  persons  in  this  common- 
wealth who  shall  voluntarily  aid  in  supporting  or  continuing  such 
.  ■  ■  usurped  government,  or  who  shall  aid  or  in  any  way  give  aid  and 

-  •  .  comfort  to  the  enemy,  or  who  shall  in  any  way  aid,  encourage  or 

assist  in  carrying  into  effect  any  of  the  confiscation  or  emancipation 
laws  of  the  government  of  the  United  States  within  this  state,  or 

•  ■  '■  \:,     ■'••■who  shall  in  any  way  aid,  encourage  or  assist  in  carrying  into  effect 

any  proclamations  of  the  president  of  the  United  States  providing 
How  liable         for  such  confiscation  or  emancipation,  shall,  in  addition  to  all  penal- 
ties now  imposed  by  any  law  of  this  commonwealth,  be  liabte  for 

•  .    ■  -.  double  the  value  of  any  property  that  may  be  seized  or  sold  urider 
.  ■"    •           such  confiscation  and  emancipation  laws  or  proclamations,  to  any 

good  and  loyal  citizen  of  this  commonwealth,  who  may  be  injured 

;        •  thereby,  or  to  his  or  her  personal  representative,  with  interest  thereon, 

at  the  rate  of  six  per  centum  per  annum,  from  the  time  of  such 

seizure  or  carrying  away  of  any  slave  ;  and  may  be  proceeded  against, 

severally  against  each,  or  jointly  against  any  number  so  liable,  in 

How  as  to  suits  Said  courts,  in  the  manner  herein  before  mentioned.     Any  person 

instituting  a  suit,  or  prosecuting  a  suit  already  commenced,  or  suing 

out  execution  on  any  judgment  or  decree  heretofore  rendered  in  any 

court  or  before  a  justice  of  the  peace  assuming  to  act  and  proceed 

under  authority  of  such  usurped  government,  or  in  violation  of  an 

■  ■'    ordinance  passed  by  the  convention  of  Virginia  on  the  thirtieth  day 

.  ■  ;.''  ;."        of  April  eighteen  hundred  and  sixty-one,  to  suspend  proceedings  in 

■  •  •'  certain  cases,  or  in  violation  of  an  act  of  the  general  assembly  passed 

on  the  twenty-ninth  day  of  March  eighteen  hundred  and  sixty-two, 

entitled  an  act  to  suspend  sales  and  legal  proceedings  in  certain 

cases,  and  to  repeal  an  ordinance  to  provide  against  the  sacrifice  of 

property,  and  to  suspend  proceedings  in  certain  cases,  or  shall  seize 

or  sell  any  property,  real  or  personal,  under  pretence  of  any  autho- 

Liabiiity  rity  whatever,  in  violation  of  said  ordinance  or  last  named  act,  shall 

.    ,    pay  to  the  party  against  whom  such  suit  shall  be  commenced  or  pro- 

.  ';■■    ■' :        secuted,  or  execution  issued,  or  whose  property  shall  be  seized  or  sold 

as  aforesaid,  double  the  value  of  the  thing  claimed  by  such  suit, 

judgment,  decree,  execution  or  other  process  by  which  property  may 

Satisfaction  of    be  seized  or  sold.     There  shall  not  be  more  than  one  satisfaction  of 

any  judgment  for  the  same  thing. 


judgment 


Record  evidence     6.   No  record  proof  shall  be  required  of  the  election  or  appoint- 
ment of  any  of  the  ofliicers  menti 
offices  shall  be  deemed  sufficient. 


no  require        jngnt  of  any  of  the  officers  mentioned  in  this  act ;  but  acting,  in  such 


When  property       7.   Be  it  further  enacted,  that  any  officer  or  agent,  civil  or  military, 

;;ated  in  the  service  of  the  United  States  government,  who  shall  subject  or 

expose  to  sale  or  confiscation  the  property  of  any  citizen  of  Virginia, 


REDRESS   OF   CITIZENS. LICENSE.  15 

they  the  said  officer  or  agent,  and  the  purchaser  or  purchasers  of  By  whom 
said  property,  and  their  personal  representatives,  shall  be  jointly  and 
severally  liable  to  any  citizen  of  Virginia,  or  to  his  personal  repre- 
sentative, whose  property  has  been  so  sold  or  confiscated,  for  double  Liability 
the  value  of  such  property,  with  interest  thereon,  at  the  rate  of  six 
per  centum  per  annum,  from  the  time  of  the  seizure  or  sale  of  such 
property;    an  cl  judgment  may  be  obtained  therefor  in  the  manner  judgment,  how 
mentioned  in  the  first  section  of  this  act;  and  the  citizen  whose  pro- 
perty has  been  so  sold  or  confiscated,  or  his  personal  representative, 
in  addition  to  the  remedy  herein  given,  shall  be  entitled  to  take  pos-  Possession 
session  or  otherwise  recover  possession  of  the  property  so  sold  or  ..  .  ' 

confiscated. 

8.  A  lien  is  hereby  created  and  declared  to  exist  on  the  real  and  Lien  created 
personal  estate  of  the  persons  against  whom  such  liability  may  exist, 

from  the  passage  of  this  act.  . .  •  . 

9.  This  act  shall  be  in  force  from  its  passage.  Commencement 


Chap.  7. — An  ACT  amending  an  act  proscribing  the  Oath  to  be  taken  by     .     '•/■      • 
any  person  who  applies  for  a  License.  '• 

Passed  Ootober  6,  1862. 

1.  Be  it  enacted  by  the  general  assembly,  that  the  first  section  of  Act  of  i854 
an  act  entitled  an  act  to  prevent  the  circulation  of  small  notes, 

passed  March  third,  eighteen  hundred  and  fifty-four,  as  amended  by  ,    ' 
chapter  seventy-two,  passed  March  thirty-first,  eighteen  hundred  and 
sixty-two,  be  amended  and  re-enacted,  so  that  as  amended  it  shall 
read  as  follows :  '  /       ' 

"  §  1.    That  it  shall  be  the  duty  of  commissioners  of  the  revenue  Duty  of  com- 
and  courts,  to  whom  application  may  be  made  for  a  license,  to  re-  ™ve'nue*^and 
quire  from  each  and  every  person  who  may  apply  for  a  license,  an  *^°"'''^ 
oath  that  he  will  not  pay  out  within  the  limits  of  this  commonwealth, 
notes  of  any  denomination,  issued  by  banhs,  corporations  or  indi- 
viduals, without  authority  of  law ;  and  it  shall  be  the  duty  of  every  License,  when 
commissioner  of  the  revenue  and  court,  to  whom  such  application 
shall  be  made,  to  withhold  the  license  until  the  oath  aforesaid  shall 
be  taken.     But  this  section  shall  not  apply  to  any  person  who  has  To  whom  sec-  • 

T  ,1  ..  1    1       •  -iV,      i  1  •  T  tion  does  not     ' 

commenced  or  who  has  continued  business  without  making  applica-  apply 
tion  for  and  obtaining  a  license,  and  who  is  or  may  be  subject  to  a 
tax  in  the  former  case  to  four  times,  and  in  the  latter  to  twice  the 
amount  of  tax  otherwise  imposed :    in  which  case,  the  assessment 
may  be  made  and  license  granted  without  the  oath  required."' 

2.  This  act  shall  be  in  force  frojn  its  passage.  Commencement 


16  SHERIFFS. TRIAL. 


Chap.  8. — An  ACT  extending  the  time  for  the  qualification  of  the  Sheriffs 
of  Orange  and  Culjieper  Counties. 

Passed  September  19,  1862. 

Preamble  Wliereas,  by  reason  of  the  occupation  of  the  counties  of  Orange 

and  Culpeper  by  the  public  enemy,  the  sheriffs  elected  for  said  coun- 
. ,,       ties,  at  the  late  elections,  have  been  unable  to  qualify  :  Therefore, 

SheriflFs  of  1.    Be  it  enacted  by  the  general  assembly,  that  the  sheriffs  elected 

peper^  when  to    for  the  counties  of  Orange  and  Culpeper,  at  the  late  spring  elections, 
qualify  ^^  allowed  Until  the  first  day  of  January  eighteen  hundred  and  sixty-' 

three,  within  which  to  qualify  and  give  the  bonds  of  office.     .;,.-,•  v; 

Commieiicemeiit      2.  This  aCt  shall  be  in  force  from  its  passage. 


•  .■•  Chap.  9. — An  ACT  to  provide  for  the  qualification  of  Sheriffs  and  other 
.  .■  public  officers  prevented  fi-om  qualifying  within  the  period  now  prescribed 

by  law,  by  reason  of  the  public  enemy. 

Passed  October  2,  1862. 

When  sheriff,         1.  Be  it  enacted  by  the  general  assembly,  that  whenever,  by  reason 
in  certain  cases   of  the  occupation  or  the  threatened  invasion  by  the  public  enemy,  of 
any  county,  city  or  town  of  this  commonwealth,  the  sheriff,  commis- 
sioner of  the  revenue  or  other  public  officer  elected  for  such  county, 
.■  .  city  or  town,  may  be  unable  to  qualify  and  give  the  bonds  of  office 

within  the  period  now  prescribed  by  law,  it  shall  be  lawful  for  such 
sheriff  or  other  public  officer  to  qualify  and.  to  give  the  bonds  of  office 
":     .-  at  any  time  within  the  period  of  ninety  days  after  such  occupation  or 

threatened  invasion  by  the  public  enemy  shall  have  ceased. 

Commjencement      2.   This  apt  .shall  be  in  force  from  its.  passage..  _  ■...',  .y:-  \ 

'.'•  :_.■...    .'i  •;.•        ■<  .   ■    '  .  ■     V-  \'-''     ''  ■'■  '.  •'..'  -      ' "     •   -.■'^■''■■■ 

•  .■Vi.  '..■■••-.■..'  _•  '••■•'■  '■'.''■'  ■  ■'■"'-.  ■.  ■  ■  iT;-  V- ■.'•I-    '*.■'■••:  '"■  ■*■■:;., '•f''r.  ''•'Vi?  ' 


Chap.  10. — An  ACT  to  amend  and  re-enact  section  1st  of  chanter  80  of  the- 
•     ■  ■■  ".■..   .•• .  ;•-  .■  ■  •.    ■'.    ■•  .     Acts  of  1861-2,  passed  March  27th,  1862.  ■  ,  ■••  ,:V'r^ 

'■  Passed  October  4,  1862.  ..-.■......■.•.....:-. 

Acta  of  1S61-2        1.   Be  it  enacted  by  the  general  assembly,  that  the  first  section  of 
^^^^  •  chapter  eighty  of  the  Acts  of  eighteen  hundred  and  sixty-one  and  two, 

entitled  an  act  to  provide  for  the  trial  of  persons  charged  with  offences 
committed  in  counties  in  possession  of  the  enemy,  or  threatened  with 
immediate  invasion,  passed  Mai'ch  twenty-seventh,  eighteen  hundred,', 
and  sixty-two,  be  amended  and  re-enacted  so  as  to  read  as  follows : 

When  cotmty  in     "  §  1.   Be  it  enacted  by  the  general  assembly,  that  whenever  any 


TRIAL. — DISTILLATION.  17 

connty  or  corporation  in  this  state  shall  be  in  the  possession  of  the  poBsession  of 
enemy,  or  shall  be  threatened  with  invasion,  so  as  to  make  it  probable  '' 
that  the  jurisdiction  of  the  courts  thereof  cannot  be  safely  exercised 
therein,  it  shall  be  the  duty  of  the  judge  of  the  circuit  to  which  such  powers  of 
county  belongs,  and  any  jud^e  of  the  state  or  any  justice  of  thejastkes 
peace  shall  be  empower  d  to  cause  all  persons  charged  with  felony 
in  such  county  or  corporation,  to  be  brought  before  him,  by  warrant 
directed  to  any  officer  in  the  comiBouwealth,  to  be  by  i:iiu  executed, 
and  to  commit  him  for  examination  before  an  (-"^mining  court  of  Commitment, 
some  county  or  corporation  not  in  the  possession  ijf  the  enemy  or 
threatened  with  invasion,  the  most  convenient  to  that  wiiere  the 
offence  shall  have  been  committed." 

2.    This  act  shall  be  in  force  from  its  passage.  Comm«ncemont 


Chap.  11 — An  ACT  legalizing  the  manufacture  of  Alcohol. 
Passed  October  1,  1862. 

1.  Be  it  enacted  by  the  general  ass:^niblj',  that  it  shall  be  lawful  Alcohol,  how 
for  any  person  to  engage  in  the  distillation  of  any  grain  Jbr  the  pur- 
pose of  converting  the  product  of  sucli  distillation  into  alcohol,  sub- 
ject, however,  vto  the  provisions  of  this  act. 

2.  That  before  any  such  person  shall  engage  in  such  distillation,  permisRion,  how 
he  shall  obtain  permission  therefor  from  the  governor  of  the  com-  °  *'"°'^ 
monwealth;  and  such  permission  shall  only  authorize  the  manufac- 
ture of  alcohol  for  medical,  hospital,  chemical  and  manufacturing 
purposes. 

3.  Tiiat  the  legal  standard  of  alcohol  shall  be  not  less  than  ninety  Legal  Rtandard 
per  centum  of  pure  alcohol. 

4.  No  alcohnl  so  manufactured  shall  be  sold  by  the  manufacturer  Tobe  gauged 
until  the  same  shall  have  been  gauged  and  inspected  by  a  gaugor  to  lus^peitorf ^how 
be  appointed  by  the  governor  for  each  county,  city  or  town  in  which  "PPo^t^d 
such  permission  shall  be  granted. 

5.  For  every  cask  or  other  vessel  of  alcohol  inspected  under  this  Fee  of  ganger 
act,  the  ganger  shall  receive  of  the  manufacturer  the  sum  of  ten 

cents;  and  it  shall  not  be  lawful  for  the  manufacturer  to  dispose  of  cask,  &c.  to  be 
any  cask  or  other  vessel,  unless  it  shall  have  the  mark  of  the  ganger,  ga1[ger    ^ 
specifying  the  quantitj'  and  quality  of  the  alcohol  therein  contained: 
and  if  any  alcohol  shall  be  presented  by  the  manufacturer  of  a  less  when  gaugerto 
standard  than  herem  prescribed,  it  shall  be  the  duty  of  the  ganger  to  '^"'^  ^^^ 
condemn  the  same,  and  cause  it  to  be  thrown  away  in  his  presence. 
2 


18  DISTILLATION. 

Sales,  how  re-         G.   Eveiy  sale  of  alcohol  made  by  the  manufacturer  shall  be  re- 
^*"  "  ported  to  the  governor,  or  such  other  authorities  as  may  be  prescribed 

Penalties  by  liiui ;  atul  any  manufacturer  of  alcohol  who  shall  attempt  to  sell 

to  any  one,  except  for  the  purpose  herein  before  mentioned,  or  who 
shall  violate  any  of  the  provisions  of  this  act,  shall  be  subject  to  all 
the  penalties  prescribed  by  an  act  to  prevent  the  unnecessary  con- 
sumption of  grain  bj^  distillers  and  other  manufacturers  of  spirituous 
Fine  for  remo-  or  malt  liquors  :  and  any  person  wUo  shall  alter  or  remove  from  any 
mark  ^'"^'^^  ^  cask  or  Other  vessel  of  alcohol,  the  mark  placed  upon  it  by  the 
gauger,  shall  be  liable  to  pay  a  fine  of  not  less  than  one  hundred 
dollars ;  to  be  recovered  by  motion,  after  ten  days'  notice,  before  any 
court  of  the  commonwealth ;  one-half  to  the  informer,  and  the  other 
half  to  the  commonwealth. 

Sale  of  alcohol  7.  All  persons  who  shall  directly  or  indirectly  be  concerned  in 
pro^ibited"^^  Vending,  or  using  or  promoting  the  use  of  any  alcohol  as  and  for  a 
drink,  shall  be  sulyect  to  the  same  penalty  as  is  presci'ibed  in  the 
foregoing  section  (to  be  recovered  and  disposed  of  in  the  same  man- 
ner as  is  therein  prescribed) ;  and  each  offence  of  the  provisions  of 
this  section  shall  be  deemed  a  separate  offence,  and  subject  to  the 
same  penalties. 

statement  to  be  8.  Every  person  who  shall,  by  virtue  of  the  provisions  of  this  act, 
mace  o  com  gug^ge  in  tne  manufacture  of  alcohol,  shall,  at  the  period  in  which 
he  shall  list  his  property  for  taxation,  furnish  to  the  commissioner  of 
the  revenue  of  the  said  county,  city  or  town  in  which  said  manufac- 
ture shall  be  carried  on,  a  statement,  to  be  verified  under  oath,  of 
the  number  of  gallons  he  shall  have  sold ;  and  said  commissioner 
shall  thereupon  assess  him  with  a  tax  of  thirty  cents  for  each  gallon 
so  sold,  and  return  tlie  same  to  the  sheriff  or  collector  of  the  revenue 
of  the  county,  city  or  town,  who  shall  proceed  to  collect  the  same, 
and  account  therefor  in  the  mode  prescribed  for  the  collection  and 
payment  of  the  revenue  of  the  state. 


iniBsioiier  of 
revenue 


License,  how  9.   Any  license  granted  under  this  act  shall  be  revocable  at  the 

revoca  .c  discretion  of  the  governor ;  and  it  shall  be  his  duty  to  revoke  such 

license  when  he  shall  have  reason  to  believe  it  is  abused  by  being- 
perverted  from  the  uses  intended  by  this  act. 

Eights  stis-  10.   That  upon  a  presentment  or  indictment  by  any  grand  jury 

diTtmeut  of  the  city  or  county,  in  which  such  alcohol  may  be  distilled,  for  a 

violation  of  this  act,  the  rights  granted  thereby  shall  be  suspended ; 
What,  on  con-  and  if  the  party  be  convicted  on  such  presentment  or  indictment, 
Oath°  how  taken  shall  be  from  that  time  ipso  facto  revoked  :  provided,  that  before  any 

person  is  licensed  under  this  act,  he  shall  take  an  oath,  the  form  of 
Whisky  not  to  whicli  shall  be  prescribed  by  the  governor,  to  the  effect  that  no  whisky 
be  disti  e  distilled  shall  be  sold  or  given  away,  or  otherwise  used  than  to  be 

Bond.how given  converted  into  alcohol:   provided  further,  that  no  license  shall  be 


DISTILLATION.  19 

granted  under  this  act  until  the  applicant  shall  have  given  bond, 

with  good  security,  to  be  filed  ■with  the  auditor  of  public  accounts,  in 

a  penalty  of  two  thousand  dollars,  payable  to  the  commonwealth  of 

Virginia,  conditioned  that  all  the  whisky  made  by  him  under  his  Conditions 

license  shall  be  converted  into  alcohol,  and  that  the  applicant  shall 

pay  all  the  taxes  that  may  be  chargeable  on  such  distillery,  whether 

assessed  or  not :  provided,  that  no  person  shall  obtain  such  license,  Eecommenda- 

unless  he  shall  have  been  previously  recommended  by  the  court  of  co°untv  court 

the  county  or  corporation  in  which  such  distillery  is  proposed  to  be 

erected,  as  a  suitable  and  proper  person  for  exercising  such  privilege 

in  such  county  or  corporation. 

11.    This  act  shall  be  in  force  from  its  passage.  Commencement 

t 


Chap.  12. — An  ACT  to  amend  and  re-enact  an  act  entitled  an  act  to  prevent 
the  unnecessary  consumption  of  Grain  by  Distillers  and  other  manufac- 
turers of  Spirituous  and  Malt  Liquors. 

Passed  October  2,  1862. 

1.  Be  it  enacted  by  the  general  assembly,  that  the  first  section  of  Act  of  1861-2 
an  act  passed  on  the  twelfth  day  of  March  eighteen  hundred  and  "°^'^'^' ^*" 
sixty-two,  entitled  an  act  to  prevent  the  unnecessary  consumption  of 

grain  by  distillers  and  other  manufacturers  of  spirituous  and  malt 
liquors,  be  amended  and  re-enacted  so  as  to  read  as  foUows : 

"§  1.   It  shall  not  be  lawful  for  any  person  hereafter  to  make  or  dis filiation  pro- 
cause  to  be  made  any  whisky,  or  other  spirituous  or  malt  liquors,  ^'^'*'^*^ 
out  of  any  corn,  wheat,  rye  or  other  grain,  except  for  medicinal  or  Exceptions 
hospital  purposes,  in  execution  of  a  bona  fide  contract  heretofore 
made,  or  hereafter  to  be  made  with  the  chief  purveyor  of  the  medical 
department  of  the  Confederate  States  government,  or  with  the  me- 
dical director  of  the  Virginia  state  line  :   and  any  person  so  oflending 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof, 
shall  be  fined  for  every  offence  not  less  than  one  hundred  dollars  nor 
more  than  five  thousand  dollars,  and  be  subject  to  imprisonment  in 
the  county  jail  not  exceeding  twelve  months,  at  the  discretion  of  the 
court." 

2.  This  act  shall  be  in  force  from  its  passage.  Commencement 


20 


DISTILLATION. FENCE    LAW. 


Acta  of  1851-2 


Lieenpe  to  dlBtill 
fvnit,  &c 


Chap.  13. — An  ACT  to  amend  and  re-enact  section  thirtj--tbird  of  chapter 
first  of  the  Acts  1861-2,  concerning  a  License  to  distill  Ai'dont  Spirits 
firom  Fruit,  &c. 

Passed  October  2,  18fi2. 

1.  Be  it  enacted  by  the  general  assembly,  that  section  thirty-third 
of  chapter  one  of  Acts  of  eighteen  hundred  and  sixty-one  and  two 
be  amended  and  re-enacted  so  as  to  read  as  follows : 

"  §  33.  On  every  license  to  distill  ardent  spirits  from  frnit,  vege- 
tables, syrups,  molasses,  sugar  cane  or  sugars,  the  tax  shall  be  thirty 
dollars.  If  such  distillery  has  been  in  operation  for  the  preceding 
year  or  any  part  thereof,  there  shall  be  an  additional  tax  of  ten  cents 
per  gallon  on  the  quantity  of  liquor  manufactured  at  such  distillery 

Tax  for  the  year  next  preceding,  or  for  any  part  thereof:    provided,  that 

if  the  amount  distilled  in  any  one  year  shall  exceed  five  hundred  gal- 
lons, the  tax  shall  be  sixty  dollars  for  every  such  license ;  and  if  the 
amount  distilled  shall  exceed  one  thousand  gallons,  the  tax  shall  be 
seventy-five  dollars  for  every  such  license.  A  license  for  the  busi- 
ness authorized  by  this  section  shall  be  obtained  as  other  licenses  are 
obtained,  and  with  like  penalties  for  a  failure  to  obtain  the  same,  not- 
withstanding the  exemption  provided  for  in  the  act  passed  March 
thirtieth,  eighteen  hundred  and  sixty,  entitled  an  act  making  regula- 

j^ffviB©  tious  concerning  licenses  :  provided  no  license  or  tax  shall  be  required 

of  any  person  for  manufacturing  thirty-three  gallons  in  one  year  out 
of  the  fruit,  vegetables,  syrups,  molasses,  sugar  cane  or  sugars  of  his 
own  production,  for  his  own  use." 

«o!»menceinent      2.   This  act  shall  be  in  force  from  its  passage. 


JP^eamble 


(Qodo  repealed 
as  to  counties 
designated 


Chap.  14. — An  ACT  to  repeal  the  Fence  Law  of  Virginia  as  to  certain 
Oonnticy,  and  to  authorize  the  County  Courts  to  dispense  with  Enclosures 
in  other  Counties. 

Passed  October  3,  1862, 

Whereas  a  considerable  portion  of  the  territory  of  the  common- 
wealth having  been  ravaged  by  the  public  enemy,  and  a  great  losa 
of  labor,  fencing  and  timber  thereby  sustained,  it  is  rendered  diflSeult 
if  not  impossible  for  the  people  of  many  counties  and  parts  of 
counties,  to  keep  up  enclosures  around  their  farms,  according  to  ex- 
isting laws : 

1.  Be  it  therefore  enacted  by  the  general  assembly  of  Virginia, 
that  the  first  section  of  the  ninety-ninth  chapter  of  the  Code  of  Vir- 
ginia, so  far  as  it  applies  to  the  counties  of  Hanover,  Henrico,  New 
Kent,  Charles  City,  James  City,  York,  Warwick,  Elizabt-tli  City, 
Alexandria,  Fairfax,  Fauquier,  Stafford  and  King  George,  be  and 
the  same  is  hereby  repealed. 


FENCE   LAW. JAILOES'   FEES.  21 

2.  Be  it  further  enacted,  that  the  county  courts  of  the  counties  of  Powers  of 
Augusta,  Frederick,  Clarke,  Warren,  Rappahannock,  Norfolk,  Prin-  fn  other  coua* 

,  cess  Anne,  Mercer,  Shenandoah,  Page,  Prince  William,  Spotsylvania,  *'^^ 
Hampshire,  Berkeley,  Caroline  and  Nansemond,  shall  have  power, 
all  the  justices  having  been  summoned,  and  a  majority  thereof  being 
present,  to  dispense  with  the  existing  law  in  regard  to  enclosures, 
80  far  as  their  respective  counties  may  be  concerned,  or  such  parts 
thereof,  to  be  described  by  metes  and  bounds,  as  in  their  discretion 
they  may  deem  it  expedient  to  exempt  from  the  operation  of  such  law. 

3.  If  any  horses,  mules,  cattle,  hogs,  sheep  or  goats,  or  any  animal  Damages  for 
of  either  of  the  preceding  classes,  shall  enter  into  any  grounds  in  the  mai'Z&c.'^^ 
counties  enumerated  in  the  first  section  of  this  act,  in  which  the  ex- 
isting law  of  enclosures  has  been  repealed,  or  into  the  grounds  of 

any  other  county  or  counties  or  parts  of  counties  in  which  tise  courts 

thereof  shall  repeal  the  existing  lav/  of  enclosures,  after  such  repeal, 

the  owner  or  manager  of  any  such  animal  shall  be  liable  to  the  owner 

or  occupier  of  such  grounds  for  any  damages  arising  from  such  entry ; 

for  every  succeeding  trespass  by  such  animal,  the  owner  thereof  when  owner 

shall  be  liable  for  double  damages;  and  after  having  given  at  least  jamag^^g'^ '*""'''' 

five  days'  notice  to  the  owner  or  manager  of  such  animal,  of  two 

previous  trespasses,  the  o\vner  or  occupier  of  such  grounds  shall  be 

entitled   to  such  animal,  if  it  be  found  again  trespassing  on  said 

grounds. 

4.  Provided,  however,  that  this  act  shall  apply  to  and  be  in  force  proviso 
in  the  counties  of  Elizabeth  City,  York  and  Warwick  only  for  the 
period  of  three  years,  dating  from  the  declaration  of  peace  between 

the  Confederate  States  and  the  United  States. 

5.  This  act  shall  be  in  force  from  its  passage.  CommeiiGement 


Chap.  15. — An  ACT  to  increase  Jailors'  Fees  for  keeping-  and  supporting 

Prisoners. 

Passed  September  24,  1862. 

1.  Be  it  enacted  by  the  general  assembly,  that  jailors  shall  here-  jaUors'  fees 
after  be  allowed  sixty  cents  per  day  for  keeping  and  supporting  per- 
sons confined  in  the  jails  of  this  commonwealth:    provided,  that  the  powerof 
county  or  corporation  courts  of  the  commonwealth  may  establish,  in  county  courts 
their  discretion,  a  difi^erent  rate,  not  less  than  thirty-five  cents  nor 

more  than  eighty  cents  per  diem. 

2.  This  act  shall  be  in  force  from  its  passage,  and  shall  continue  commencement 
in  force  until  six  months  after  the  ratification  of  a  treaty  of  peace 

between  the  Confederate  States  and  the  United  States,  unless  sooner 
repealed  or  amended.     When  this  act  expires,  the  law  on  this  sub-  when  law  re- 
ject, in  force  immediately  before  the  passage  of  this  act,  shall  be  ^'^"'^ 
deemed  to  be  revived  and  continued  in  force. 


22 


DELINQUENTS. — ESSEX   COUNTY. 


Code  amended 


Chap.  16. — An  ACT  amending  the  seventeentli  section  of  chapter  thirty-sis 
of  the  Code  of  Virginia,  concerning  the  manner  of  making  Eeturns  of 
Delinquents. 

Passed  September  26,  1862. 

1.  Be  it  enacted  by  the  general  assemlaly  of  Virginia,  that  the 
seventeenth  section  of  chapter  thirty-six  of  the  Code  of  Virginia  be 
amended  and  re-enacted,  so  as  when  amended  it  shall  read  as  follows : 


List,  how  ar- 
rauged 


"  §  17.  In  the  lists  mentioned  in  the  preceding  section,  the  names 
of  the  persons  charged  with  the  taxes  shall  be  placed  alphabetically 
and  in  the  order  in  which  they  respectively  appear  on  the  commis- 
sioners' books.  The  lists  mentioned  secondly  shall  be  in  the  follow- 
ing form : 


List  of  real  estate- in  the  county  of 


non-payment  of  taxes  thereon  for  the  year 


,  delinquent  for  the 


"s 

d 

i 

a 

C3 

CD   2 

•°  o 

C3 

13 

o 

a 

■a 

o 
>> 

o 

a  u 

o 

a  o 

a  a 

o 

a 

3 
*>  a 

^ 

■^ 

1 

s  B 

-23 

o 

>.§ 

3 

5 

£  '3 

.2  "^ 

2 

P- 

"-A 

« 

H 

^ 

Q 

Q 

< 

And  the  sheriff  or  collector  returning  such  list  shall,  at  the  foot 
Oath  of  officer    thereof,  subscribe  the  following  oath :    '  I,  A  B,  sheriff  (or  deputy 
sheriff)  of  the  county  of  ,  do  swear  that  the  foregoing  list 

is,  I  verily  believe,  correct  and  just ;  and  that  I  have  received  no 
part  of  the  taxes  for  which  the  real  estate  therein  mentioned  is  re- 
turned delinquent ;  and  that  I  have  used  due  diligence  to  find  pro- 
perty within  my  county  liable  to  distress  for  the  said  taxes,  but  have 
found  none.'  " 

Commencement      2.    This  act  shall  be  in  force  from  its  passage. 


Preamble 


Chap.  17. — An  ACT  to  legalize  the  Records  and  Proceedings  of  the  County 
Court  of  Essex  Countj^,  at  the  June,  July  and  August  Terms  of  said 
Court  held  at  Miller's  Tavern  in  said  County. 

Passed  October  2,  1862. 

Whereas  it  has  been  represented  to  the  general  assembly  of  Vir- 
ginia, that  in  consequence  of  the  suspension  of  the  mail  between  the 
seat  of  government  of  said  state  and  the  county  of  Essex,  by  reason 


ESSEX    COUNTY. — PRIVILEGES.  23 

of  the  federal  arm}'  being  around  the  city  of  Eichmond,  till  after  the 
fourth  day  of  July  eighteen  hundred  and  sixty-two  :  And  whereas 
the  federal  gun  boats  were  constantly  plying  between  the  mouth  of 
the  Eappahannock  river  and  Fredericksburg,  from  the  early  part  of 
the  month  of  April  eighteen  hundred  and  sixty-two  to  the  fifth  day 
of  September  eighteen  hundred  and  sixty-two,  and  the  said  gun  boats 
still  have  the  command  of  the  said  river :  And  whereas  the  court- 
house of  the  said  couuty  is  situated  on  the  margin  of  said  river : 
And  whereas  the  interruption  of  the  mail  between  the  seat  of  go- 
vernment and  the  county  seat  of  said  county,  during  the  period  first 
aforesaid,  prevented  any  application  to  the  governor  of  Virginia  to 
designate,  by  proclamation,  some  other  place  in  the  said  county  to 
hold  the  sessions  of  the  county  court  of  said  county  during  the  con- 
tinuance of  the  causes  aforesaid,  as  by  law  the  governor  is  autho- 
rized to  do ;  and  it  was  further  considered  impolitic  to  publish  any 
notice  of  the  place  where  the  sessions  of  the  said  court  might  be 
held,  lest  the  enemy  might  get  information  of  the  same,  and  inter- 
rupt the  proceedings  of  the  said  court : 

1-  Be  it  therefore  enacted  by  the  general  assembly,  that  all  acts  Acts  of  connty 
and  things  done  by  the  said  county  court  of  Essex  county,  at  ^i,^, '^'^"' ' '^sa '^'' 
place  in  said  county  known  by  the  name  of  Miller's  tavern,  at  the 
June,  July  and  August  terms  of  said  court,  which  appear  from  the 
order  book  of  said  court  to  have  been  done  at  the  courthouse  of  said 
county,  though  done  at  Miller's  tavern  aforesaid,  which  might  have 
been  legally  done  at  the  courthouse  of  said  county,  are  hereby  de- 
clared and  made  legal  and  valid,  as  if  the  same  had  been  done  at 
the  courthouse  of  said  county. 

2.    This  act  shall  be  in  force  from  its  passage.  Commcucemr-nt 


Chap.  18.— An  ACT  for  the  relief  of  Judge  George  W,  Thompson. 
Passed  October  4,  1862. 

1.  Be  it  enacted  by  the  general  assembly,  that  the  ordinance  of  Ordinance  re- 
the  late  convention  suspending  the  payment  of  the  salary  of  George  sluary,  tow 
W.  Thompson,  one  of  the  circuit  judges  of  this  commonwealth,  is  ^^^ 
hereby  repealed ;  and  the  auditor  of  public  accounts  is  directed  to 

issue  his  warrant  or  warrants  for  the  salary  due  to  said  judge,  in  the 
same  manner  as  if  said  ordinance  had  not  been  passed. 

2.  This  act  shall  be  in  force  from  its  passage.  Commencement 


24 


PRIVILEGES. TOWNS. 


Act  of  1838 
repealed 


Chap.  39. — An  ACT  repealing-  an  act  for  the  relief  of  EpLraim  Bee. 
Passed  September  2fi,  1862. 

1.  Be  it  enacted  by  the  general  assembly,  that  the  act  entitled  au 
act  authorizing  Jonathan  M.  Bennett  to  convey  by  deed  to  Ephraim 
Bee  of  the  county  of  Do  dridge,  certain  forfeited  and  delinquent 
lands  sold  in  the  coi'inty  of  Jackson,  but  now  in  the  county  of  Eoane, 
upon  the  payment  of  a  ba!anc3  of  purchase  money,  passed  February 
eighteenth,  eighteen  hundred  and  fifty-eight,  be  and  the  same  is 
hereby  repealed. 


Commencement      2.    This  act  shall  be  iu  force  from  its  passage. 


Governor  autho- 
rized to  settle 
account 


Ckap.  20. — An  ACT  to  authorize  the  Governor  to  settle  the  Account  of 
Sampson  Jones,  Agent  of  Mrs.  Jane  A.  Griffin. 

Passed  September  2D,  1862. 

J .  Be  it  enacted  by  the  general  assembly,  that  the  governor  of 
this  coraraoiivvealcji  be  and  he  is  hereby  authorized  to  settle  the  ac- 
count of  Sampson  Jones,  agent  for  Mrs.  Jane  A.  GrifSn,  for  supply- 
ing the  public  guard  with  rations  from  the  first  day  of  April  eighteen 
hundred  and  sixty-one  to  the  first  day  of  October  eighteen  hundred 
and  sixty-two,  under  a  contract  for  that  purpose  with  Captain  Dim- 
laock,  commandant  of  t  e  public  guard ;  and  that  he  ascertain  the 
actual  loss  sustained  under  said  contract,  by  reason  of  the  great  ad- 
vance in  the  price  of  provisions  during  the  same  period :  and  that  he- 
authorize  the  said  Jones,  agent  as  aforesaid,  to  be  paid  his  actual  loss 
under  said  contract. 


Commencement      2^.   This  act  shall  be  in  force  from  its  passage. 


Act  of  18.54 
amended 


Chap.  2) . — An  ACT  to  amend  the  Charter  of  the  Town  of  Danville. 
Passed  October  C,  1862. 

1.  Be  it  enacted  by  the  general  assembly,  that  the  third  section  of 
the  act  passed  March  seventh,  eighteen  hundred  and  sixty-two,  entitled 
an  act  to  amend  an  act  entitled  an  act  amending  the  charter  of  the 
town  of  Danville,  passed  March  fourth,  eighteen  hundred  and  fifty- 
four,  and  incorporating  into  one  the  subsequent  acts  amendatory 
thereof,  be  amended  and  re-enacted  so  as  to  read  as  follows : 


Jurisdiction  of 
hustings  court 


"§  3.    The' jurisdiction  of  said  court,  except  as  to  matters  of  po- 
lice, which  shall  belong  to  the  council,  shall  correspond  with  that  of 


TOWNS.  25 

the  county  courts  as  establislied  by  law ;  and  the  said  court  shall  con- 
tinue to  have  jurisdiction,  and  the  said  mayor  and  aldermen  shall 
continue  each  to  have  the  powers  of  a  justice  of  the  peace,  not  only 
within  the  said  corporate  limits,  but  also  for  the  space  of  one  mile 
without  and  around  the  limits  of  said  town,  in  all  matters  arising 
within  the  said  town  or  in  the  said  space  of  one  mile,  according  to 
the  laws  of  the  commonwealth  and  the  ordinances  of  the  town,  and 
shall  execute  the  same  in  like  manner  and  under  like  responsibilities, 
and  receive  the  like  compensation  for  services  rendered  by  them  as 
the  justices  of  the  county  courts  within  this  commonwealth  receive: 
provided,  however,  that  not  more  than  three  aldermen  shall  receive 
compensation  for  any  one  day  of  such  service  in  court,  unless  such 
court  be  one  in  which  a  greater  number  than  three  aldermen  are 
required  by  law.  The  said  aldermen  shall  classify  themselves  for  AWermen,  how 
service  in  court,  in  like  manner  as  justices  of  the  peace  in  counties 
are  classified  by  law;  and  any  presentment  in  said  court  by  a  grand 
jury  for  an  offence  against  the  said  laws,  committed  within  the  juris-  . 
diction  of  said  court,  may  be  presented  in  said  court  in  like  manner, 
and  like  proceedings  be  had  thereon  as  in  the  county  court  of  Pitt- 
sylvania ;  and  the  said  court  of  hustings  shall  bear  the  same  relation  Powers  of  hns- 
to  the  circuit  court  for  the  town  of  Danville,  as  the  county  court  ^f  "°°*  *^''"'' 
said  county  bears  to  the  circuit  court  thereof;  and  appeals  may  be 
taken,  and  writs  of  error,  supersedeas,  certiorari  and  any  other  judi- 
cial writs  may  be  sued  out  and  prosecuted  in  like  manner  as  is  done 
in  the  county  courts  of  the  commonwealth." 

2.   This  act  shall  be  in  force  from  its  passage.  CommeBcemont 


No.  1. — Joint  Eesolutions  g'uaranteeing  to  the  people  of  the  Northwestern 
section  of  the  State  the  construction  of  a  Eail  Eoad  connecting-  that  por- 
tion of  the  State  with  the  Seaboard,  at  the  earliest  day  practicable. 

Adopted  October  4,  1862. 

Whereas,  by  the  secession  of  Virginia  from  the  hate  Union,  and  Preamble 
her  accession  to  the  Confederacy,  the  northwestern  section  of  the 
state  has  become  a  border  on  a  foreign  and  hostile  nation,  and  has 
no  direct  intercourse  in  trade  and  travel  with  other  and  more  favored 
portions  of  the  state,  and  the  prosperity  of  that  as  well  as  other  sec- 
tions of  the  state  will  be  gi'eatly  promoted  by  a  closer  union  and 
more  frequent  intercommunication :  And  whereas,  on  the  seventeenth 
day  of  January  eighteen  hundred  and  sixty- two  the  general  assembly 
of  Virginia  did  resolve  to  "maintain  the  jurisdiction  and  sovereignty 
of  the  state  of  Virginia,  to  the  uttermost  limits  of  her  ancient  boun- 
daries, at  any  and  every  cost;"  and  the  congress  of  the  Confederate 
States,  on  the  twenty-second  day  of  January  eighteen  hundred  and 
sixty-two,  by  resolution,  did  "pledge  all  the  resources  of  the  Con" 
federacy  to  uphold  her  determination"  aforesaid  :    Therefore, 

1.  Resolved  by  the  general  assemblj' of  Virginia,  that  increased  Rail  road  con 
facilities  of  trade  and  travel  between  the  northwestern  section  of  the  qiiu-eT  ^"^ 
state  and  the  capital  and  seaboard,  are  demanded  alike  by  the  wel- 
fare of  that  section  and  the  permanent  interests  of  the  whole  state, 

in  peace  and  in  war,  and  that  justice  and  sound  policy  require  that 
such  facilities  be  established  without  unnecessary  delay. 

2.  Eesolved,  that  the  general  assembly  declare,  as  an  assurance  Assurance  of 
to  the  citizens  of  the  said  northwestern  section,  that  the  available  sembiy 
resources  of  the  commonwealth  shall  be  liberally  devoted  to  the  con- 
struction of  a  rail  road  which  shall  connect  that  section  with  the  in- 
terior and  seaboard  of  the  state,  whereby  the  enterprise,  energy  and 
resources  of  that  section  may  be  encouraged  and  developed,  at  the 

earliest  practicable  date. 

3.  Resolved,  that  in  the  opinion  of  this  general  assembly,  imme-  surveys  ought 
diately  on  the  conclusion  of  the  existing  war,  the  state  should  cause 
experimental  surveys  to  be  made,  to  ascertain  the  best,  cheapest, 

shortest  and  most  practicable  route  for  a  rail  road  connection  between 
that  part  of  the  state  and  the  capital. 


28 


RESOLUTIONS. 


No.  2. — Joint  Eesolution  authorizing  the  Branch  of  the  Exchange  Bank  of 
Virginia  at  Richmond  to  declare" a  dividend  for  the  six  months  ending 
30th  June  1862. 

Adopted  October  4,  1862. 

Whereas  it  is  represented  that  the  Exchauge  Bank  of  Virginia  at 
Norfolk  is  within  tlie  lines  of  the  public  enemj^  and  that  no  dividend 
of  profits  for  the  six  months  ending  on  the  thirtieth  day  of  June 
eighteen  hundred  and  sixty-two  can  he  declared  in  the  mode  pre- 
scribed by  law :    Therefore, 


Dirldend,  how 
to  be  declared 


Resolved  by  the  general  assembly,  that  for  the  six  months  ending 
on  the  thirtieth  day  of  June  eighteen  hundred  and  sixty-two,  the 
branch  of  the  Exchange  Bank  of  Virginia  at  Richmond  may  declare 
a  dividend  of  profits,  not  exceeding  three  per  centum  on  the  capital 
stock  of  said  bank,  and  when  so  declared,  shall  pay  the  state's  divi- 
dend, the  tax  thereon,  and  the  bonus  on  the  capital  of  said  bank  into 
the  treasury. 


Duty  of  board 
of  public  works 


No.  3. — Resolution  instructing  the  Board  of  Public  Woi-ks  to  adopt  mea- 
sures to  meet  the  demand  for  Wood  in  the  cities  of  Richmond  and 
Petersburg. 

Adopted  October  6,  1852. 

Resolved  by  the  general  assembly,  that  the  board  of  public  works 
be  instructed  to  adopt  such  measures  as  they  may  deem  most  expe- 
dient, to  require  the  diiTerent  rail  road  companies  whose  roads  termi- 
nate in  the  cities  of  Richmond  and  Petersburg,  to  furnish  a  sufficient 
nmnber  of  wood  cars  for  the  transportation  of  wood  into  the  said 
cities,  to  supply  the  demand  for  the  same,  and  that  they  cause  the 
same  to  be  transported  to  the  said  cities  at  a  reasonable  rate  of  tolls. 
To  accomplish  which,  the  said  board  are  required  to  use  all  the  power 
conferred  on  them  by  law  for  the  supervision  and  control  of  said 
companies :  provided,  that  if  the  said  companies  be  opposed  to  the 
transportation  of  wood,  the  burden  thereof  be  apportioned  equitably 
among  them,  and  in  such  a  manner  as  not  to  interfere  with  their 
transportation  for  the  confederate  government. 


No.  4. — Joint  Resolution  authorizing  Justices  of  the  Peace  to  issue  Marriage 
LicS3nses  in  certain  cases. 

Adopted  October  C,  1862. 

When  license         Rcsolved  by  the  general  assembly  of  Virginia,  that  it  shall  be 

issue     yjiis  •''^  ]j^^.£yj  f^^.  q^j  jugtice  of  the  peace  in  either  of  the  several  counties 

of  this  commonwealth,  where  the  office  of  clerk  of  the  county  court 


EESOLUTIONS.  29 

shall  he  vacant,  or  where,  by  reason  of  the  presence  of  the  public 
enemy,  or  by  their  expected  presence,  the  said  clerks  shall  be  absent 
from  their  respective  counties,  to  issue  licenses  for  the  solemnization 
of  marriages,  upon  the  parties  applying  therefor  complying  with  the 
provisions  of  the  statute  authorizing  the  issue  of  said  licenses.  The  Duty  of  justite 
said  justices  shall  return  to  the  said  clerks,  whenever  they  shall  re- 
sume the  duties  of  their  office,  copies  of  said  licenses  so  issued, 
together  with  the  bonds  taken,  to  be  recorded,  and  have  the  same 
force  and  validity  as  if  issued  by  the  clerks  of  the  respective 
counties. 


No.  5. — Resolution  authorizing'  the  Governor  to  fill  Vacancies  in  the  oflRce 
of  Assessor,  under  the  act  to  provide  for  the  production,  sale  and  distribu- 
tion of  Salt,  &c. 

Adopted  October  4,  1802. 

Resolved  by  the  general  assembly,  that  any  vacancy  that  may  P(„vyr  of  go- 
occur  in  the  office  of  assessor,  under  the  act  passed  October  third,  '^'"■"°'" 
eighteen  hundred  and  sixty-two,  entitled  an  act  to  provide  for  the 
production,  distribution  and  sale  of  salt  in  this  commonwealth,  either 
b}'  death,  resignation,  reuioval  or  otherwise,  maj'  be  filled  bj'  appoint- 
ment of  the  governor  of  this  commonwealth. 


No.  6. — Eesolution  in  relation  to  the  Adjournment  of  the  General  Assembly. 
Adopted  Scpteiriber  30,  1862. 

Resolved,  that  the  general  assembly,  when  it  adjourns  on  IMonday 
next,  will  adjourn  to  meet  on  the  first  Wednesday  in  January  eigh- 
teen hundred  and  sixty-three,  unless  sooner  convened  by  tlie  gover- 
nor, in  pursuance  of  the  power  vested  in  him  by  the  constitution. 


INDEX. 


ADJOURNMEKT. 

Resolution  as  to  adjoiiniinent  of  gene- 
ral assembly,  29 

AGENTS. 

For  sale  of  salt,  may  be  appointed,  4 

Their  bonds,  4-5 

Of  quartermaster  or  commissary,  not 
exempt  from  military  service,  9 


ALCOHOL. 

Its  manufactui'e  legalized, 

Permission,  how  obtained. 

To  what  purposes  limited. 

Legal  standard, 

To  be  gauged  and  inspected, 

Gauger,  how  appointed ;  his  fee, 

Cask  not  to  be  sold  without  gauger's 

mark, 

Alcohol  below  standard  to  be  condemned,  17 
Manufacturer  to  report  sales  to  governor,  18 
Penalties  on  manufacturer  for  violating 

provisions  of  act, 
Fine  for  removal  of  gauger's  mark, 
For  selling  alcohol  as  a  beverage, 
Manufacturer  to  furnish  list  of  sales  to 

commissioner  of  revenue. 
What  tax  then  to  be  assessed. 
License  to  manufacture,  how  revocable, 
Eights  under  license  suspended  upon 

presentment  for  violation  of  act, 
Upon  conviction,  license  revoked. 
Oath  to  be  taken  against  selling  the 

whiskey  before  conversion  into  alcohol 
Applicant  for  license  to  give  bond. 
Condition  of  bond. 
Applicant  must  be  recommended  by 

court. 


ANIMALS. 

Entering  grounds  vi-here  fence  law  is 
repealed,  OAvner  liable, 

APPROPRIATION. 

To  carry  into  effect  salt  act. 

How  payments  from  it  to  be  made, 

ARDENT  SPIRITS. 

See  Alcohol. 

See  Spirituous  and  malt  liquors. 

ASSESSMENT. 
See  Board  of  assessors. 

BANK  DIVIDEND. 

Richmond  branch  of  Exchange  Bank 
may  declare  dividend, 


19 


21 


28 


BANK  NOTES. 

"VSTiat  oath  required  of  applicant  for 

license,  as  to  circulation  of, 
Exception, 

BEE,  EPHRAIM. 

Act  authorizing  conveyance  of  forfeited 
lands  to  him  repealed, 

BOARD  OF  ASSESSORS. 

For  property  taken  under  salt  act,  how 
composed, 

To  assess  compensation  or  damages. 

How  assessment  certified  and  paid. 

When  it  is  final. 

Appeal  from  assessment,  and  proceed- 
ings thereon, 

How  board  convened  and  paid. 

Vacancy  in  office  of  assessor,  how  filled, 

BOARD  OF  PUBLIC  WORKS. 

Duty  of,  as  to  wood  cars  for  supplying 
Richmond  and  Petersburg, 

BONDS. 

To  be  given  by  agents  appointed  to 

sell  salt, 
Penalty  and  condition  of  such  bonds, 
To  be  given  before  license  to  manufac- 

tm-e  alcohol, 
Condition  of  bond, 

CANALS. 

See  Rail  roads  and  canals. 

CHANGES  IN  CODE. 
Section  2,  chapter  22,  amended. 
Exemptions  from  militaiy  service, 
Section  1,  chapter  99,  repealed,  as  to 

certain  counties. 
Fence  law  repealed  as  to  those  counties. 
County  com-ts  may  dispense  with  it  in 

others. 
Repeal  as  to  some  counties  limited  in 

duration, 
Section  17,  chapter  36,  amended. 
Mode  of  making  returns  of  delinquents 

changed, 

CITIES. 

See  Counties  and  towns. 

CITIZENS  OF  VIRGINIA. 

See  Redress  of  loj^al  citizens. 
See  Usurped  government. 


15 
15 


24 


29 


28 


18 
19 


20 
20 

21 

21 

22 

22 


32 


INDEX. 


CITY  OFFICEES. 

What  officers  may  be  exempted  from 

military  service,  and  how,  9-10 

Whcu  such  exempts  remanded  to  ser- 
vice, 10 

And  failing  to  obey,  accounted  deserters,    10 

CLERKS. 

Copies  of  requisition  for  slaves  to  be 

filed  with  clerks  of  counties,  &c.  6 

Clerks  to  summon  the  justices,  6 

To  attend  sessions  of  the  courts  held 

under  such  requisition,  7 

Clerk  of  court  to  be  clerk  of  board  of 

exemption,  10 

Claims  for  exemption  to  be  filed  with 

him,  _  11 

Clerk  to  report  exempts   to  adjutant 

general,  11 

Penalty  for  failure  to  discharge  duty 

as  clerk  of  board,  11 

How,  as  to  marriage  licenses,  when 

office  of  clerk  of  county  vacant,  28 

Or  when,  by  reason  of  invasion,  clerk 

absent,  29 

What  to  be  done  on  clerk's  return,  29 

CODE. 

See  Changes  in  Code. 

COMMIS.SIONERS  OF  PEVEMUE. 

To  assist  courts  when  requisition  made 

for  slaves,  7 

To  aid  governor  when  courts  fail  to 

act,  7 

What  oath  commissioner  must  require 

before  issuing  a  license,  15 

With  what  exception,  15 

To  assess  taxes  on  manufacturers  of 

alcohol,  18 

CONFEDERATE  STATES. 

Contracts  with,  for  salt,  to  be  respected,  3 
Slaves  to  be  called  into  service  of,  6 

When  value  of  such  slaves  to  be  paid  by,  (5 
And  compensation  for  injury  to  slaves,  6 
Burden  of  proof  to  be  on  confederate 

authorities  as  to  proper  care,  6 

President's  request  for  slaves  is  an  ac- 
ceptance of  the  act  by  Confederate 
States,  8 

Contracts  to  make  whiskey,  &c.  may 
be  made  with  C.  S.  medical  pur- 
veyor, 19 

CONTRACTS. 

What,  to  be  respected  in  carrying  out 

act  for  procuring  supply  of  salt,  3-4 

In  what  case  contracts  with  other  states 
may  be  disregarded,  4 

COUNTIES  AND  TOWNS. 

What  city  officers  may  be  exempted 

from  military  service,  9-10 

Orange  and  Culpcper  occupied   by 

public  enemy,  16 

Sheriffs  elect  iiUovved  further  time  to 

qualify.  Hi 

Similar  provision  as  to  officers  of  other 

counties,  &c.  16 


Fence  law  repealed  as  to  certain  conn- 
ties,  20 

And  may  be  dispensed  with  by  county 

coru'ts  in  others,  21 

Limitation  of  time,  as  to  some  of  the 

counties,  21 

Certain  records,  &c.  of  Essex  county 

court  legalized,  22 

Acts  of  the  court  declared  legal,  •       23 

Charter  of  Danville  amended,  24 

As  to  jurisdiction  and  powers  of  hus- 
tings court,  25 

Supply  of  wood   for  Richmond  and 

Petersburg,  28 

Rail  road  companies  to  furnish  wood 

cars,  28 

If  companies  object,  burden  to  be  ap- 
portioned, 28 

Vvhen  office  of  county  clerk  vacant, 

how,  as  to  marriage  licenses,  28 

Or  when  clerk  absent  by  reason  of  in- 
vasion, 29 

What,  when  clerk  returns,  29 

For  requisition  on  counties,  &c.  for 
slaves,  see  Slaves. 

COURTS. 

Contracts  with  county  courts  for  salt, 

to  l^e  respected,  3 

Appeals  from  assessments  under  salt 
act  to  circuit  court  of  Richmond 
city,  5 

County  and  corporation  courts  to  carry 

into  effect  requisition  for  slaves,  6 

Specific  duties  of  the  courts  under  re- 
quisition, 6-7 

Failing  the  courts,  governor  may  im- 
press slaves,  7 

Before  granting  license  what  oath  courts 
to  require,  15 

With  what  exception,  15 

Courts  o(  certain  counties  may  dispense 
with  fence  law,  21 

Essex  county  court,  certain  records, 

&c.  legalized,  22 

Acts  of  the  court  declared  valid,  23 

CULPEPER  AND  ORANGE. 

Occupied  by  public  enemy,  16 

Sheriffs  elect  allowed  time  to  qualify,  16 

DAMAGES. 
For  use,  &c.  of  property  taken  under 

salt  act,  see  Assessment. 
For  cattle  entering  grounds  where  fence 

law  is  repealed,  see  Fence  law. 

DANVILLE. 

Act  to  amend  charter,  24 

Jurisdiction  of  hustings  court,  24 

Compensation  of  aldermen,  25 

Classification  of  aldermen,  25 

Powers  of  hustings  court,  25 

DEFENCE. 

See  Public  defence 

DELINQUENTS. 
Mode  of  making  returns  of,  changed,  22 

List,  how  arranged,  22 


INDEX. 


33 


Oath  of  returning  officer,  22 

DESERTEES. 

In  what  case  exempted  city  officers,  &.c. 
to  be  treated  as  deserters,  10 

DISLOYALTY. 

See  Treason  or  disloyalty. 

DISTILLATION. 

See  Alcohol. 

See  Spirituous  and  malt  liquors. 

ENGINES. 

Necessary  for  production  of  salt,  may 

be  seized,  3 

ESSEX. 

Certain  records,  &c.  of  county  court 

legalized,  22 

ESTATES. 

Persons  connected  with  usurped  go- 
vernment incapable  of  conveyinij 
real  estate,  11 

Their  estates  devoted  to  redress  loyi.l 

citizens,  12 

What  liens  on  such  estates  not  in;- 

paired,  12 

Lien  on  estate  of  person  acting  under  L'. 
S.  coniiscation  and  emancipation  acts,     15 

EXCHANGE  BANK  OF  VIRGINIA. 

Branch  at  Richmond  to  declare  dividend,     28 

EXEMPTIONS  FROM  MILITARY 
DUTY. 

Act  changing  provisions  of  Code, 

amended ;  general  exemptions,  9 

Agent  of   quartermaster  or   commis- 
sary not  exempt ;  nor  militia  officers,        9 
What  additional  officers  of  a  city  mny 

be  exempted,  and  how,  9-10 

Officers,  &c.  of  what  companies  may 

be  exempted,  10 

When  exempts  remanded  to  service,  10 

Failing  to  return  to  service,  desertery,         10 
How  places  of  exempts  to  be  filled,  10 

Persons  leaving  the  service  for  which 

exempted,  to  be  reported,  10 

Boards  of  exemption,  how  constitute  J,        10 
Who  to  act  as  clerk  of  board,  10 

Powers  of  board,  30 

Discharges  for  physical  infirmity,  ]  1 

Claims  for  exemption,  how  tried,  11 

Names  of  exempts,  to  whom  reported,         11 
Penalties  for  failure  of  duty  in  board 
and  clerk, 


FAITH  OF  COMMONWEALTH. 
May  be  pledged  by  governor  to  contracts 
necessary  for  procuring  salt,  3 

FEES. 
Fee  of  ganger  for  inspecting  alcohol,  17 
Jailors'  fees  for  keeping  prisoners,  in- 
creased, 21 
County  courts  may  establish  different  rate,  21 
When  act  to  expire ;  former  law  revived,  21 

FENCE  LAV/. 
Loss  of  fencing,  &c.  in  invaded  counties,   20 
Repealed  as  to  certain  counties,  20 

And  may  be  dispensed  with  by  county 
courts  in  others,  "         21 

3 


Damages  for  entry  of  animals,  &c. 
Repeal  limited  in  duration  as  to  some 
of  the  counties, 

FINES. 
What  fine  for  selling  salt  at   higher 

than  regulation  price, 
Or  for  other  violations  of  rules  for  sale, 
On  board  of  exemptions  and  clerk  for 

failures  in  duty, 
For  removal  of  gaugcr's  mark  on  cask 

of  alcohol. 
For  selling  alcohol  as  a  beverage, 

FIRE  DEPARTMENT. 
Officers  of,  how  exempted  from  military 
service :  when  remanded  to  service, 

FORTIFICATIONS. 

Act  for  calling  out  slaves  to  work  on, 
For  particulars  of  this  act,  see  Slaves. 

GAS  WORKS. 
Officers  of,  hovv-  exempted  from  military 

,ser%'ice, 
When  remanded  to  service, 

GAUGERS. 
Of  alcohol  to  be  appointed  ;  their  fees. 
Cask  not  to  be  sold  without  ganger's 

mark, 
To  condemn  alcohol  below  standard. 
Fine  for  removal  of  ganger's  mark, 

GENERAL  ASSEMBLY. 
Communications  to,  as  to  militia  officers 

removed  for  treason  or  disloyalty. 
Resolution  as  to  adjournment, 

GOVERNOR. 

Powers  for  procuring  supply  of  salt, 
Under  president's  call  for  slaves. 
For  removal  of  miUtia  officers  for  trea- 
son, &c. 
As  to  exremiptioDs  from  military  service, 
To  appoint  gangers  for  inspection  of 

alcohol. 
And  assessor  under  salt  act  when  a 
vacancy, 


21 

2J 


11 


18 


10 


10 
10 


17 
IT 

18 


C-7 

10 
17 
29 


GRIFFIN,  MRS.  JANE  A. 
Her  agent's  account  for  rations  of  public 

guard  to  be  settled,  24 

Actual  loss  under  contract  to  be  paid,         24 


^  1  !  See  Courts. 


HUSTINGS  COURT. 


INVASION, 

Of  Orange  and  Culpepey, 

Sherifi"s  allowed  further  time  to  qualify, 

Similar  provision  as  to  officers  of  other' 
counties  and  towns, 

Persons  charged  with  felony  in  such  coun- 
ties, &c.  to  bo  removed  for  trial,         16- 

Fencing,  «&c.  destroyed  in  parts  of  the 
state. 

Fence  law  repealed  in  certain  counties, 

Repealable  in  others, 

Repeal  limited  in  duration  as  to  some 
counties, 

Exchange  Bank  at  Norfolk  within 
enemy's  hues, 


It; 
in 

]() 

-17 

20 
20 
21 


34 


INDEX. 


Eichinond  branch  may  declare  dividend, 
Provision  for  marriage  licenses  Avhen  hy 
reason  of  invasion  clerk  of  county  ab- 
sent, 
What  to  be  done  ^vlien  clerk  returns, 


See  Fees. 


JAILORS'  FEES. 


JONES,  SAMPSON. 
His  account  as  agent  of  Mrs.  Griffin 

to  be  settled, 
Loss  under  contract  to  be  paid  him, 

JUSTICES  OF  THE  PEACE. 

In  counties  where  office  of  clerk  vacant, 
may  issue  marriage  licenses, 

Or  when  clerk  absent  hj  reason  of 
invasion. 

What,  v.'hen  clerk  returns, 

KANAWHA  SALT  WORKS. 

Not  to  be  purchased  by  governor, 

LICENSES. 

Before  any  license  granted,  what  oath 

as  to  circulating  notes, 
To  what  persons  this  does  not  apply, 
License  to  make  alcohol  to  be  obtained 

of  governor, 
And  is  revocable  at  his  discretion, 
What  oath  applicant  must  take, 
Applicant  must  also  give  bond, 
Must  be  recommended  by  court, 
License  to  distill  ardent  spirits  from  fmit, 

&c. ;  act  amended, 
Tax  on  such  license, 
Penalty  for  failure  to  get  license, 
Proviso  as  to  quantity  to  be  distilled 

without  license. 
Marriage  licenses,  by  whom  issued  vv'heu 

office  of  county  clerk  vacant. 
Or  when  clerk  absent  by  reason  of  in- 
vasion ;  what,  when  clerk  returns, 


See  Estates. 


LIENS. 


LOYAL  CITIZENS. 

See  Redress  of  loyal  citizens. 
See  Usiu'ped  government. 

MACHINERY. 

Necessary  for  production  of  salt,  may 
be  seized, 

MARRIAGE  LICENSES. 
Byvi'hom  issued  when  office  of  county 

clerk  vacant. 
Or  when  by  reason  of  invasion  clerk 

absent. 
What  to  be  done  when  clerk  returns, 

MEDICAL  DIRECTOR. 

Of  Virginia  state  line  may  contract  for 
whiskey,  &c. 

MEDICAL  PURVEYOR. 

Of  Confederate   States   may   contract 
for  whiskey,  &.c. 


28  I  MILITIA. 

I  Officers  may  be  removed  by  governor 
i      for  treason  or  disloyalty, 

29  1  Senate  may  reverse  governor's  action, 
29  I  Governor  not  to  remove  when  arrests 

■      can  be  made  and  charges  prefeiTed, 
j  To  assign  his  reasons  for  resnovals, 
Militia  officers  not  exempt  from  draft. 
When  drafted,  their  connnissions  va- 
cated, 

24  !         NORTHWESTERN  VIRGINIA. 

24  I  Rail  road  connection  between  that  sec- 

I      tion  and  the  seaboard  guaranteed, 


27 


15 

17 

18 
18 
19 
19 

20 
20 
20 

20 


29 


ORANGE  AND  CULPEPER. 
Occupied  by  public  enemy, 
Sherifi's  elect  allowed  time  to  qualify, 

OVERSEERS. 

Of  slaves  furnished  under  requisition, 
see  Slaves. 

POLICE  OFFICERS. 

How  exempted  from  military  service, 
When  remanded  to  service, 

PRESIDENT  OF  CONFEDERATE 

STATES. 
Slaves  to  be  called  out  at  his  request, 
President's  request  accepts  provisions 
of  act, 

PRICE  OF  SALT. 

What  publication  of,  required. 
Fine  for  selling  at  higher  prici.', 

PRISONERS. 
Jailors'  fees  for  keeping,  increased. 
For  what  time  increased, 

PUBLIC  DEFENCE. 

Act  further  to  provide  for, 

Airthorizes  governor  to  call  out  slaves. 

For  particulars  of  this  act,  sec  Slaves. 


16 
16 


10 
10 


21 
21 


j  PUBLIC  GUARD. 

j  Account  of  Sampson  Jones  for  rations, 

I      to  be  settled,  24 

i  Loss  under  contract  to  be  paid,  24 

i      QUALIFICATION  OF  OFFICERS, 

]  Sherifls  of  Culpeper  and  Orange  allowed 
I      time  to  qualify,  16 

3  I  Similar  provision  as  to  officers  of  other 

invaded  counties,  &.c.  16 


28 

29 
29 


19 


19 


RAIL  ROADS  AND  CANALS. 

May  be  controlled  for  transportation  of 
salt,  &c. 

Officers,  &c.  how  exempted  from  mili- 
tary service, 

When  their  service  again  due. 

Presidents  to  report  such  to  governor, 

Rail  road  connection  between  northwest 
and  seaboard  guaranteed. 

Rail  roads  terminating  in  Richmond  and 
Petersburg  to  furnish  wood  cars. 

If  companies  opposed,  burden  to  be  ap- 
portioned, 


28 


INDEX. 


35 


EEDEESS  OF  LOYAL  CITIZEXS. 

Act  for  relief  of  those  injured  by  usurped 

power,  1] 

What  estates  devoted  to  their  relief,  12 
Act  to  protect  and  indemnify  citizens  of 

Virginia,  12 

Who  liable  for  confiscating  property,  12 

Purchasers  liable,  12 

Judgment,  how  obtained,  13 

Right  to  recover  otherwise,  13 
Recovery  otherwise  not  to  impair  re-- 

medy  given  by  act,  13 

Who  liable  for  leasing  property  of  citizens,  13 

How  liability  enforced,  13 

Jury  may  be  summoned,  13 
Similar  liabilities  and  proceedings  for 

emancipating  slaves,  13 
Liabilities  of  other  persons  assisting  in 

such  confiscation,  &c.  14 
Liabilities  for  prosecuting  suits  before 

judges,  &c.  of  usurped  gm'ernment 

or  of  U.  States,  14 
Who  liable  for  exposing  property  of 

citizens  to  sale  or  confiscation,  14 

Purchasers  also  liable,  15 

Judgment,  how  obtained,  15 
As  additional  remedy,  property  may  be 

retaken,  15 
Lien  on  estates  of  persons  liable  for 

such  oiitnces,  15 


RESOLUTIONS. 

Resolution  guaranteeing  rail  road  be- 
tween Northwestern  Virginia  and 
the  seaboard. 

Increased  facihties  for  travel,  &c.  re- 
quired. 

Assurance  given  of  a  rail  road  con- 
nection. 

When  surveys  should  be  made. 

Resolution  as  to  dividend  by  Richmond 
branch  of  Exchange  Bank, 

Amount  of  dividend. 

Resolution  to  require  wood  cars  for 
supplying  Richmond  and  Petersburg, 

Duty  of  board  of  public  works. 

If  rail  road  companies  opposed,  burden 
to  be  apportioned, 

Resolution  as  to  marriage  licenses  in 
certaiu  cases, 

When  office  of  clerk  vacant, 

Or  when  clerk  absent  by  reason  of  in- 
vasion. 

Duty  of  justices  on  clerk's  return. 

Resolution  as  to  vacancy  in  oiJico  of 
assessor  under  salt  act, 

Governor  to  fill  vacancy. 

Resolution  as  to  adjournment  of  ge- 
neral assembly, 

SALT. 

Act  for  production,  distribution  aud 
sale  of;  general  powers  of  governor. 
May  pledge  faith  of  commonwealth, 
His  power  over  property  and  franchises, 
Salt  works  not  to  be  purchased, 
What  property  may  be  seized. 
What  contracts  to  be  respected. 
When  contracts  with  other  states  to  be 
disregarded, 


27 

27 

27 
27 

28 
28 

28 

28 

28 

28 
28 

29 
29 

29 
29 

29 


3 
3-4 


V/hen  other  states  to  be  furnished,  4 
Right  to  manufacture  and  sell,  after 

uses  of  state  are  supplied,  4 
Powers  over  rail  roads  and  canals  for 

transportation,  '  4 

Places  of  distribution  to  be  designated,  4 

Rules  and  regulations  for  sale,  4 

Publication  of  prices,  4 
After  publication,  sale  at  higher  price 

a  misdemeanor,  4 

Violation  of  rules  a  misdemeanor,  4 

Upon  conviction,  what  fine,  4 

Agents  for  sales,  4 

Agents  to  give  bond,  4 

Penalty  and  condition  of  bond,  5 
Amount  appropriated  to  carry  out  the 

act,  5 
Payments  out  of  treasury,  how  to  be 

made,  5 
Board  of  assessors,  how  composed  and 

appointed,  5 

What  assessments  board  to  make,  5 

How  assessment  to  be  certified  and  paid,  5 
Certificate  to  be  filed  with  secretary  of 

state,  5 
Secretary  to  forward  copy  to   person 

entitled,  5 

When  assessment  final,  5 
When  appeal  allowed,  and  to  what  court,     5 

Proceedings  on  the  appeal,  5 
Injunction  not  to  be  granted  against 

governor,  5 
How  board  of  assessors  to  be  convened 

and  paid,  5 

Vacancy  in  office  of  assessor,  how  filled,  29 

SEIZURE  OF  PROPERTY. 

Authorized,  if  necessary,  for  procuring 
supply  of  salt,  3 

SENATE. 

May  restore  militia  officers  removed  for 
treason  or  disloyalty,  8 

SHERIFFS  AND  SERGEANTS. 

To  execute  summons  for  justices  under 

requisition  for  slaves,  6 

When  slaves  to  be  delivered  to  them,  7 

To  seize  slaves  not  delivered,  7 

To  attend  sessions  of  courts  under  re- 
quisition, 7 
Sheriff's  of  Orange  and  Culpeper  allowed 

time  to  quality,  16 

Similar  provision  as  to  officers  of  other 
invaded  counties,  &c.  16 

SLAVES. 
May  be  called  out  for  work  on  fortifi- 
cations, &c.  6 
Call  to  be  made  upon  request  of  pre- 
sident, 6 
Time  for  whicli  they  may  be  called  out,  6 
Number  limited,  6 
Requisition  to  be  apportioned  ratably,  6 
Compensation  for  services  of  slaves,  6 
Value  of  slaves,  when  to  be  paid,  6 
When  compensation  for  injury  to  slaves,  6 
Hired  slaves  to  be  regarded  as  in  pos- 
session of  their  owners,  6 
Notice  of  call,  how  given  to  counties,  &c.  6 


36 


INDEX. 


Upon  such  notice,  clerks  to  summon 

jiistices, 
Summons,  how  dhected, 
Duty  of  county  and  corporation  courts 

thereupon, 
Commissioners  of  revenue  to  assist, 
How  requisitions  apportioned, 
When  slaves  to  be  taken  ascertained 

by  lot. 
What  slaves  of  soldiers  in  army  exempt. 
When  slaves  to  be  delivered  to  sheiiif, 
Sheriff  to  deliver  to  confederate  officer 

or  agent, 
When  slaves  so  delivered  must  be  re- 
turned, 
Slaves  not  delivered  to  be  seized  by 

sheriff, 
Duty  of  confederaie  officer  in  such  cases, 
Term  of  service  of  slaves  so  seized, 
If  court  fails  to  act,  clerk  to  notify 

governor. 
Governor  then  to  impress  slaves, 
.  Mode  of  impressment. 
Term  of  service  for  impressed  slaves. 
Burden  to  be  equahzed  among  coun- 
ties and  tov/ns. 
Slaves  before  fiu'nished  to  be  consi- 
dered. 
When  owners  may  select  overseers. 
Where  overseer  to  deliver  slaves. 
If  a  fit  person,  overseer  to  have  charge 

during  service. 
How  as  to  subsistence  of  slaves  by 

ovx'ner, 
Slaves  sent  voluntarily,  how  regarded, 
President's  request  for  slaves  an  accep- 
tance of  the  act, 
Slaves  emancipated  by  U.  S.  authority. 
Who  liable,  and  what  proceeding's. 


SMYTH  A^D  WASHINGTON  SALT 

WOEKS. 

Not  to  be  purchased  by  governor,  3 

SOLDIERS  IN  AEMY. 

When  their  slaves  exempt  from  req^iisi- 
tion,  7 

SPIRITUOUS  AND  MALT  LIQUORS. 


Act  of  1861-2  amended, 

Distillation  prohibited, 

Exceptions, 

Violation  of  this  act  a  misdemeanor. 

Penalty, 

Act  concerning  license  to  distiU  from 
fruit,  &c.  amended. 

Tax  on  such  license. 

What  quantity  may  be  distilled  without 
license, 

See  Alcohol. 

STATES. 

Contracts  with  other  states  for  salt  to  be 
respected, 

In  what  case  contracts  may  be  dis- 
regarded. 

When  other  states  to  be  furnished  with 
salt, 

SUBSISTENCE. 

For  slaves  in  confederate  service,  owners 
may  furnish, 


TAXES. 
On  alcohol,  18 

On  spirits  distilled  from  ff-uit,  &c.  20 

THOMPSON,  JUDGE  GEORGE  W. 

Ordinance  suspending  his  salary,  re- 
pealed, 23 

TOWNS. 

See  Counties  and  towns. 

TREASON  OR  DISLOYALTY. 

Militia  officers  may  be  rcDioved  by  go- 
A'emor  for  treason  or  disloyalty,  3 

But  senate  may  reverse  governor's  action,     8 

No  removals  vi'hen  arrests  can  be  made 
r     and  charges  prefeiTed,  8 

!  Governor  to  give  reasons  for  removals  to 
general  assembly,  8 

See  Redress  of  loyal  citizens. 

See  United  States  government. 

See  L'sm'ped  government. 

TRIALS. 

Of  felonies  charged  in  invaded  counties, 
&.C.  how  provided  for,  17 

{      L^xITED   STATES  GOVERI^IENT. 

i  Persons  holding  office  under  or  aiding, 

I      subjected  to  further  liabilities,  13-14 

I  Also  those  acting  under  U.  S.  confisca- 

I      tion  and  emancipation  laws,  14-1.5 

Record  evidence  of  official  position  not 
I      required,  14 

USURPED  GOVERNMENT. 

Established  within  this  commonwealth,       IT 

Persons  establishing,  or  holding  office 
under,  incapable  of  conveying  real 
estate,  11-12 

Their  estates  devoted  to  redress  of  loyal 

citizens,  12 

What  hens  on  such  estates  not  im- 
paired, 12 

Other  liabilities  of  officers,  &c.  of 
usurped  government,  14 

VIRGINIA  STATE  LINE. 

Medical  director  of,  may  contract  for 

spirituous  liquors,  19 

WASHINGTON  AND  SMYTH  SALT 
WOEKS. 

Not  to  be  pm'chased  by  governor,  3 

WATER  WORKS. 

Officers  cf,  how  exempted  from  military 
service;  when  remanded  to  service,         10 

WHISKEY. 

See  Spiritiious  and  malt  liquors. 

WOOD. 

Cars  to  supply  Richmond  and  Peters 
burg  to  be  furnished  by  rail  road 
companies,  28 

If  companies  opposed,  burden  to  be 

apportioned,  28 


ACTS 


OF   THE 


GENERAL  ASSEMBLY 


OF   THE 


ST_A.TE!    OF    VIEGT]Sri^, 


PASSED  AT  ADJOURNED  SESSION,  1863, 


IN   THE 


EIGHTY-SEVENTH  YEAR  OF  THE  COMMONWEALTH, 


RICHMOND: 

WILLIAM    F.    RITCHIE,    PUBLIC    PRINTER. 
1863, 


PUBLIC  OR  GENERAL  ACTS. 


Chap.  1. — An  ACT  imposing  Taxes  for  the  Support  of  Government. 
Passed  March  28,  1863. 

Be  it  enacted  by  the  general  assembly,  that  the  taxes  on  the  per- 
sons^nd  subjects  in  this  chapter  mentioned,  or  required  by  law  to  be 
listed  or  assessed,  shall,  for  the  year  commencing  on  the  first  day  of 
February  eighteen  hundred  and  sixty-three,  and  thereafter,  be  yearly 
as  follows : 

Taxes  on  lands  and  lots. 

1.  On  tracts  of  lands  and  lots  belonging  to  any  person,  firm,  com-  Tax  on  lauds 
pany  or  corporation,  with  the  improvements  thereon,  not  exempt 

from  taxation,  one  per  centum  on  the  assessed  value  thereof. 

Personal  property.  ♦ 

2.  On  all  the  personal  property  (except  property  owned  and  not  On  personal 
hired  or  impressed  by  the  confederate  government),  moneys  and  sol-  neys'^and' credits 
vent  credits,  as  defined  in  this  section,  including  all  capital,  personal 

property  and  moneys  of  incorporated  joint  stock  companies  (other  than 
rail  road,  canal  or  turnpike  companies),  and  all  capital  invested,  used 
or  employed  in  any  manufacturing,  tradie  or  other  business,  one  per 
centum  on  the  assessed  value  thereof.     But  property  otherwise  taxed,  what  exempted 
and  property  from  which  any  income  is  derived,  or  on  the  capital  in- 
vested in  any  trade  or  business,  in  respect  to  which  a  license  so  taxed  is 
issued,  certificates  of  stock,  moneys  and  personal  property  that  consti- 
tute part  of  the  capital  of  any  bank,  savings  institutions  and  insurance 
companies  shall  not  be  listed  under  the  provisions  of  this  section. 
The  ,word  "moneys"  shall  be  construed  to  include  not  only  gold,  Moneys,  what 
silver  and  copper  coin,  but  bullion  and  bank  notes,  and  confederate '""^  ""^^"^  "^ 
and  state  treasury  notes,  and  county  and  corporation  notes.     The  Credits,  how 
word  "credits"  shall  be  construed  to  mean  all  bank,  state  or  cor- *^°°^ "*^ 
poration  stocks,  claims  or  demands  owing  or  coming  to  any  per- 
Bon,  whether  due  of  not,  and  whether  payabld  in  money  or  other 
thing,  after  deducting  therefrom  all  bona  fide  debts  due  by  such  per- 
son as  principal  debtor.     Money  and  credits  in  any  state  of  the  Con-  Moneys  and 
federate  States,  or  in  any  other  country,  owned  by  any  resident  of  g^^feg^ty  wW 
iJiis  state,  shall  be  listed  by  such  resident,  and  taxed  to  him  at  the  ''^*''^ 
rate  prescribed  by  this  act.     In  ascertaining  the  value  of  such  money  how  vaiae  m- 
or  credits,  the  commissioner  shall  examine  the  person  on  oath,  if  to  *'®'"*"*^^ 
be  found ;  if  not  found,  shall  assess  the  same  upon  the  best  informa- 


#  FINANCIAL. — TAXES. 

tion  he  can  obtain,  and  shall  add  to,  or  deduct  the  exchange  on  the 
value  of  such  money  or  credit  between  this  state  and  such  state  or 
country  where  such  moneys  or  credits  may  be,  to  be  computed  as  of 
the  first  of  February  next  preceding. 

Free  negroes. 

Free  negroes  3.    On  every  male  free  negro  who  has  attained  the  age  of  twenty- 

one  years,  two  dollars ;  but  no  tax  shall  hereafter  be  assessed  or  col- 
lected on  such  free  negro  under  the  act  of  the  sixth  of  April  eighteen 
hundred  and  fifty-three,  establishing  a  colonization  board. 

White  males. 

White  males  4.    On  every  white  male  inhabitant  who  has  attained  the  age  of 

twenty-one  years,  not  exempt  from  taxation  by  order  of  the  court,  in 
consequence  of  bodily  infirmity,  two  dollars. 

Public  bonds. 

Interest  on  pub-     5.   On  the  interest  or  profit  which  mav  have  accrued,  and  is  sol- 
^   "^  ^  tent,  or  which  may  have  been  received  by  any  person,  or  converted 

into  principal  so  as  to  become  an  interest  bearing  subject,  or  other- 
wise appropriated,  within  the  year  next  preceding  the  first  day  of 
%  February  of  each  year,  arising  from  bonds,  interest  bearing  treasury 
notes,  or  other  certificates  of  debt  of  the  Confederate  States,  or  of 
this  or  any  other  state  or  country,  or  any  corporation  created  by  this 
or  any  other  state,  whether  the  stock  of  such  company  be  exempt 
from  taxation  or  not,  seventeen  per  centum.  But  such  interest  or 
profits  derived  from  bank  stock  or  shares  of  savings  institutions  and 
insurance  companies  which  jKiy  taxes  thereon  into  the  treasury,  shall 
not  be  included  herein,  unless  invested  oi*  otherwise  appropriated; 
and  if  so  invested  or  otherwise  appropriated,  the  tax  thereon  shall  be 
at  the  rate  of  one  per  centum  on  the  assessed  value  thereof.  If  no 
interest  shall  have  been  received  within  tlie  year  preceding  the  first 
day  of  February,  then  the  value  of  the  principal  of  such  bonds  shall  • 
be  assessed,  and  taxed  as  other  property,  and  as  prescribed  by  law. 

Bank  dividends. 

Onbankdm  6.   On  .the  dividends  declared  by  any  bank  incorporated  by  this 

*^'''°  **  state,  the  tax  shall  be  seventeen  per  centum  upon  the  amount  there- 

of; to  be  paid  into  the  treasury  by  the  bank.  If  the  dividend  be 
that  of  a  bank  incorporated  elsewhere,  the  tax  shall  be  seventeen  per 
centum  upon  the  amount  thereof;  to  be  assessed  and  collected  as 
other  taxes.  * 

Dividends  of  sLeain  boat  and  such  like  cotnpanies. 

On  dividends  of      7.   On  the  dividends  declared  within  the  year  next  preceding  the 

8imU^r''com-'^^  ^1*8*  ^^7  ^^^  February,  if  the  s^me  be  equal  to  or  over  six  per  centum 

panies  qjj  ^^  capital,  by  steam  boat  and  companies  of.  similar  character,  not 

specially  named  for  taxation,  whether  incorporated  by  this  or  any 


FI]SrA]?rCIAL. TAXES.  § 

other  state,  or  whether  operating  with  or  without  a  charter,  seventeen 
per  centum.  If  there  be  no  dividend,  or  such  dividend  be  not  equal 
to  sis  per  centum  of  suQh  capital,  then  such  company  shall  pay  a  tax 
on  its  capital  at  the  rate  of  one  per  centum  on  such  capital.  For 
this  purpose,  capital  shall  be  held  to  consist  of  stock  subscribed, 
money  deposited,  and  bonds,  certificates  and  other  evidences  of  debt 
held  or  owned  by  such  companies. 

Savings  hanlcs  and  insurance  companies. 

8.  Savings  banks  and  insurance  companies,  whether  incorporated  On  savings 

by  this  state,  or  operating  without  a  charter  granted  therein,  shall,  ranee  companies 
in  June  and  December  of  each  year,  either  cTeclare  a  dividend  of 
profits  arising  out  of  the  operations  of  such  savings  banks  and  insu- 
rance companies,  for  the  six  months  ending  on  the  first  day  of  June 
and  December  next  preceding,  or  determine  their  inability  to  do  so.  If 
a  dividend  be  declared  of  as  much  as  three  per  centum  of  its  capital, 
as  herein  defined,  the  said  institution  and  company  shall  cause  a  tax, 
at- the  rate  of  seventeen  per  centum  per  annum,  to  be  paid  into  the 
"treasury,  and  the  same  shall  be  retained  from  the  dividend  on  which 
it  is  payable.  If  there  be  no  dividend,  or  if  such  dividend  be  not  as 
.much  as  three  per  centum  of  such  capital,  as  herein  defined,  then 
such  institution  and  such  company  shall  pay  into  the  treasury  a  tax 
on  its  capital  at  the  rate  oT  fifty  cents  on  every  hundred  dollars  of 
such  capital.  For  this  purpose,  the  capital  stock  shall  be  held  to  < 
consist  of  stock  subscribed,  money  deposited,  and  bonds,  certificates  ■ 
and  other  evidences  of  debt  held  or  owned  by  such  institution  and 
company.  '  Between-  the  first  and  fifteenth  of  June  and  December  of 
eacii  year,  such  institution  and  company  shall  certify,  on  the  oath  of 
its  chief  accounting  ofiicer,  the  amount  of  the  dividend  declared,  if 
any,  and  of  its  capital,  where  no  dividend  has  been  declared,  and 
shall  pay  the  tax  herein  imposed  into  the  treasury.  If  any  such  in- 
stitution or  company  fail  to  make  such  report  and  pay  such  tax,  it 
shall  be  liable  for  the  same,  and  forfeit  not  less  than  five  hundred 
dollars  nor  more  than  two  thousand  dollars. 

Dividends  of  companies  not  incorporated  hy  this  state. 

9.  On  dividends  of  rail  road  or  other  like  companies  not  incorpo-  On  companies 
rated  by  this  state,  the  tax  shall  be  seventeen  per  centum  upon  the  by  the^state^'^'*^ 
amount  thereof;    to  be  listed. and  charged  to  the  recipient  of  such 
dividends,,  or  those  entitled  to  receive  the  same.     If  such  dividend 

be  not  equal  to  six  per  centum  of  such  capital,  the  stock  so  held  shall 
be  listed  and  taxed  as  other  property,  and  no  tax  shall  be  imposed 
on  the  dividends  of  such  companies. 

Income. 

10.  On  the  income,  salary,  compensation  or  fees  received  during  on  income  or 
the  year  ending  the  first  day  of  February  of  each  year,  in  considera-  ^^^ 

tipn  of  the  discharge  of  any  office  or  employni,enJ_jn„t.!ije^.eryi&e.of, 


6  FINANCIAL. — TAXES. 

the  Btate,  or  in  consideration  of  the  discharge  of  any  office  or  em- 
ployment in  the  service  of  any  corporation,  or  in  the  service  of  any 
Exception  company,  firm  or  person,  except  where  the  service  is  exclusively  that 

of  a  minister  of  the  gospel,  two  and  one-half  per  centum  upon  so 
TaxpH  of  officers  much  thereof  as  exceeds  five  hundred  dollars.  The  tax  on  a  salary, 
hovv  paid  '  payable  under  this  section  by  an  officer  of  government,  receiving  the 
same  out  of  the  treasury,  shall  be  deducted  at  the  rate  chargeable 
on  the  annual  salary,  on  the  amount  drawn  from  the  treasury  at  the 
time  the  salary  is  audited  and  paid;  and  fees  or  other  income  of  such 
officer  shall  bclisted  and  assessed  by  the  commissioners  as  in  other 
cases,  and  at  the  rates  prescribed  thereon. 

Profits. 

On  profits  11.   The  commissioner  of  the  revenue  shall  ascertain  from,  and 

assess  for  taxation  against,  every  person  in  his  district,  the  net  in- 
come of  such  person,  received  or  realized,  though  not  received, 
during  the  yeax  nest  preceding  the  first  day  of  February  of  each 
year,  derived  in  any  of  the  modes  following,  set: 

First — All  profits  from  any  licensed  trade,  business  or  occupation. 

Second — All  profits  from  the  Use  of  money  by  another,  for  the 
benefit  of  the  owner  thereof. 

Third — All  profits  from  buying  and  selling,  or  from  the  exchange  of 
^  real  or  personal  property,  or  from  buying  and  selling,  or  from  the  ex- 
change of  bonds,  public  and  private,  stocks  and  other  choses.in 
AVbaf  exempted  action,  and  all  profits  from  any  other  trading  or  speculating:  pro- 
vided, however,  that  this  section  shall  not  be  construed  to  embrace 
the  agricultural  products,  when  sold  by  the  producer,  or  the  personal 
property  used  in  raising  said  products,  nor  cattle  or  other  live  stock, 
when  sold  by  the  person  assessed  with  the  tax  on  said  cattle  or  other 
live  stock;  nor  cattle  or  other  live  stosk  sold  by  the  person  who  has 
grazed  or  fed  the  same  for  a  period  not  less  than  three  months  pri&r 
to  such  sale;  nor  a  sale  of  real  or  personal  property,  purcliased  by. 
the  vendor  for  his  own  individual  use,  and  not  for  resale  by  him ;  nor 
any  income,  salary,  compensation  or  fees  received  from  the  discharge 
of  any  office  or  employment  mentioned  and  taxed  under  the  provi- 
sions of  the  next  preceding  section.  The  auditor  of  public  accounts 
shall  make  such  rules  and  regulations  for  the  guidance  of  the  com- 
missioner under  this  section,  as  he  shall  deem  proper ;  and  shall,  for 
that  purpose,  direct  the  examination  on  oath  of  any  party  concerned, 
and  of  any  other  person  whose  evidence  inay  aid  the  commissioner  in 
the  performance. of  his  duty. 

Erronooua  as-         12.   Ecdress  for  any  alleged  erroneous  assessment,  and  all  pro- 
rodreUed  cccdings  thereon,  shall  be  regulated  by  the  laws  in  force  in  other 

cases. 

Kate  of  tax  13.   The  tax  under  this  section  sha^l  be  ten  per  centum  upon  so 

touch  of  the  net  income,  assessed  as  herein  before  provided,  as  ex- 


FINANCIAL. TAXES.  7 

eeeds  the  sum  of  three  thousand  dollars :  provided,  that  all  licenses,  Wh&t  deducted 

.  T   ..         ,  3-'  1       c         3        from  gross  in- 

taxes  or  per  centage  taxes  paid  tor  the  year  preceding  the  hrst  day  come  . 
of  February  eighteen  hundred  and  sixty-three,  by  persons  who  may 
have  obtained  a  license,  shall  be  abated  from  the  gross  incomes,  in 
order  to  ascertain  the  net  incomes  taxed  under  this  section ;  and  all 
other  expenses  incurred  in  carrying  on  the  business  which  may  have 
produced  such  income  for  said  year,  and  all  county,  city  and  corpo- 
ration taxes  for  the  privilege  of  carrying  on  said  business  for  said 
year,  shall  be  abated  from  the  gross  income. 

Toll   bridges. 

14.  On  the  yearly  rent  or  annual  value  of  toll  bridges  and  ferries,  On  toil  bridgeg 
whether  authorized  by  law  or  not,  other  than  those  toll  bridges  and 

ferries  exempt  by  their  charter  from  taxation,  seventeen  per  centum. 

Collateral  inheritances. 

15.  On  the  estate  of  a  decedent,  which  passes  under  his  will  or  by  On  collateral  iu- 
descent  to  any  other  person,  or  for  any  other  use  than  to  or  for  the 

use  of  the  father,  mother,  husband,  wife,  brother,  sister,  nephew, 
niece,  or  lineal  descendant  of  such  decedent,  there  shall  be  a  tax  of 
three  per  centum  of  such  estate. 

Estates  passing  under  sequestration  acts. 

16.  On  all  estate,  which,  under  the  eifect  or  by  the  provisions  of  On  estates  ucder 
the  sequestration  act  of  the  confederate  congress,  or  any  act  amen-  ^t"*"* 
datory  thereof,  may  legally  pass,  otherwise  than  by  purchase,  to  any 

person,  there  shall  be  a  tax  of  ten  per  centum  on  the  value  thereof. 

Internal  improvement  companies. 

17.  On  every  passenger  transported  on  any  rail  road  or  canal  in  on  intemoi  im. 
this  state,  for  and  on  behalf  of  this  state  or  of  the  Confederate  States,  Sanies'"'"'  '"^ 
one  and  a  half  mill  for  every  mile  of  transportation ;    and  on  all 

freight  so  transported,  three-fourths  of  one  per  centum  of  the  gross 
amount  received  by  the  company  controlling  such  rail  road  or  canal, 
for  the  transportation  of  such  freight,  or  for  tolls  thereon,  or  for  privi- 
leges granted  thereby  ;  and  on  every  passenger  transported  on  any 
rail  road  or  canal  in  this  state,  other  than  those  above  mentioned, 
two  and  a  half  mills  for  every  mile  of  transportation ;  and  on  all 
freight  so  transported,  other  than  that  abbve  mentioned,  one  and  a 
quarter  per  centum  of  the  gros^  amount  received  b}'  the  company 
controlling  such  rail  road  or  canal,  for  the  transportation  of  such 
freight  or  tolls  thereon,  or  for  privileges  granted  thereby.  And  it 
shall  be  the  duty  of  every  such  company  to  collect  for  the  state  the 
tax  herein  imposed ;  and  every  rail  road  company  or  canal  company,  when  and  what 
whether  exempted  from  taxation  by  its  charter  or  not,  shall  hereafter  ditor^""^ 
report  quarterly,  on  the  fifteenth  day  of  March,  June,  September 
and  December  in  each  year,  to  the  auditor  of  public  accounts,  the 
number  of-  passengers   transported,  and  the  aggregate  *iumber  of 


8  FINANCIAL. TAXES. 

miles  traveled  by  them  within  this  commonwealth,  and  the  gross 
amount  received  by  such  company  for  the  transportation  of  freight 
over  such  road  or  canal,  or  any  part  thereof,  or  water  or  other  im- 
provement owned  or  connected  therewith,  during  the  quarter  of  the 
year  next  preceding  the  first  day  of  the  month  in  which  such  report 

When  only.       is  t^  be  made.     Such  company,  whose  road  or  canal  is  only  in  part 

state^ '"  *  within  the  commonwealth,  shall  report  as  aforesaid  such  portion  only 
of  such  amount  received  for  passengers  and  for  transportation  of 
freight,  as  the  part  of  the  said  road  or  canal  which  is  within  this 

Tolls,  how  to  be  commonwealth  bears  to  the  whole  of  such  road  or  canal.  If  the 
profits  of  such  road  or  canal  consist  in  whole  or  iii  part  of  tolls,  the 
gross  amount  thereof  shall,  for  the  purposes  of  this  act,  be  construed 
to  be  a  part  of  the  gross  amount  received  for  the  transportation  of 

Kxfmptions  an-  freight.  It  is  the  intentioii  nf  this  act  to  abrogate  and  annul  all  ex- 
emptions from  taxation  of  any  such  company,  contained  in  its  char- 
ter, during  the  existing  war,  and  to  subject  such  company  to  the 
uniform  rate  of  taxation  prescribed  by  law,  so  far  as  the  general  as- 
sembly hag  power  to  do  so.  The  property  of  such  company,  over 
and  above  the  property  they  are  authorized  by  its  charter  to  hold, 
shall«be  taxed  as  other  property. 

Statement  of  rail  road  officers. 

Report  made  on      18.    Such  Statement  shall  be  verified  by  the  oaths  of  the  president 
°^*  and  the  superintendent  of  transportation,   or  other  projter  officer. 

Fenaity  for        Evcry  compauy  failing  to  make  such  report,  shall  be  fined  five  hun- 
dred dollars ;  and  any  company  having  a  subordinate  board,  or  any 
board  managing  any  part  of  its  works,  may  by  its  by-laws  create  and 
enforce  such  penalties  as  will  secure  proper  reports  of  such  compa- 
Wheii  taxes'to    nies.     At  the  time  of  making  such  reports,  such  company  shall  pay 
treasury"'*'    ^  Joto  the  treasury  the  taxes  imposed  on  passengers,  freight,  tolls  and 
privileges,  as  in  this  act  provided.     Every  such  company  paying 
such  taxes,  shall  not  be  assessed  with  any  tax  on  its  lands,  buildings, 
cars,  boats  or  other  property  (owned  but  not  hired)  which  they  are 
When  liable  to    authorized  by  law  to  hold  or  have      But  if  any  such  company  fail 
liindsand^ other  to  pay  such  taxes  at  either  of  the  times  specified  therefor,  then  its 
property  lands,  buildings,  cars,  boats  and  other  property  shall  be  immedi- 

ately assessed,  under  the  direction  of  the  auditor  of  public  accounts, 
by  any  person  appointed  by  him  for  the  purpose,  at  its  full  yalue, 
and  a  tax  shall  at  once  b(?  levied  thereon  as  on  real  estate  and  other 
property,  at  twenty-five  cents  on  every  hundred  dollars  value  thereof, 
on  account  of  each  quarterly  deftiult;  to  be  collected  by  any  sheriff 
whom  the  auditor  may  direct ;  and  such  sheriff  shall  distrain  and 
sell  any  personal  property  of  such  company,  and  pay  such  taxes  into 
the  treasury  within  three  months  .from  the  time  when  such  assess- 
ment is  furnished  to  him. 

Express  companies. 
Express  com-         19.   Evairy  express  company  shall  make  return  to  the  auditor  of 

panies  to  report  ' 


FINANCIAL. TAXES.  9f 

pnblic  accounts,  on  or  before  the  fifteenth  day  of  March,  June,  Sep-  quarterly  to  au 
tember  and  December  of  each  year,  of  the  gross  receipts  of  such 
company,  on  account  of  any  transactions,  profits  or  charges  within 
the  state  of  Virginia,  within  the  three  months  next  preceding  the  first 
day  of  March,  June,  September  and  December  of  each  year.  If  the  Form  of  rejsnrt 
auditor  of  public  accounts  shall  have  preecribe'd  a  form  for  such  re- 
turn, tl^e  said  report  shall  be  in  the  form  prescribed.  If  no  such 
form  shall  have  been  prescribed,  the  report  shall  be  in  such  form  as 
will  best,  disclose  the  operations  of  such  company.  The  report  of 
such  company  shall  be  verified  by  the  oaths  of  the  agents  and  chief 
officers  of  such  company,  at  its  principal  office  in  this  state.  The  re- 
port shall  show  the  gross  receipts  and  charges  of  such  company  for 
business  done  in  this  state,  whether  collected  in  or  oiit  of  the  state. 
Such  expresi  company  shall  be  the  collector  for  the  state  of  the  taxes 
herein  imposed,  and  shall,  on  or  before  the  fifteenth  day  of  March,  . 
June,  September  and  December,  pay,  on  the  total  receipts  so  reported, 
a  tax  of  two  and  one-half  per  centum.     For  a  failure  to  make  such. Penalty  forfail- 

,      »         -,  ure  to  report 

report  or  pay  such  tax,  a  penalty  oi  not  less  than  one  thousand  nor 
more  than  five  thousand  dollars  shall  be  imposed  upon  the  company 
80  failing.     For  the  payment  of  the  tax  and  of  such  penalty,  the  stockholders 
stockholders  and  members  of  such  company  shall  be  personally  liable,  liable  for,tax 
and  judgment  may  be  rendered  against  them,  or  any  of  them,  perso- ''°'  ^'^"'^  ^ 
nally,  in  the  circuit  com-t  of  tlie  city  of  Richmond,  in  the  mode  pre- 
scribed by  law.     Such  company  .and  its  officers  and  agents  are  here-  Not  to  do  bro- 
by  prohibited  from  doing  any  business  appertaining  to  the  business 
of  a  broker  or  merchant,  unless  licensed  as  broker  or  merchant. 
Such  principal  officer  shall  require  from  the  several  agents  employed 
by  such  company,  a  report  of  their  transactions  on  oath ;  which  re- 
port, so  sworn  to,  shall  accompany  the  report  of  the  chief  officer  to 
the  auditor  of  public  accounts.     All  reports  made  after  the  first  day 
of  December  eighteen  hundred  and  sixty-two,  shall  be  made  under 
the  provisions  and  in  pursuance  of  this  act.     Such  company,  its  offi-  Penalty  for 
eers  and  agents,  doing  business  as  broker  or  merchant,  without  a  of  broker  or 
license,  shall  forfeit  not  less  than  two  hundred  nor  more  than  two  ™*^'^'' 
thousand  dollars. 

Suits. 

20.  When  any- original  suit,  ejectment, ♦attachment  (other  than  on  Original  suits 
a  summons  to  answer  a  suggestion*  sued  out  under  the  proyisians  of 

the  eleventh  section  of  chapter  one  hundred  and  eighty-eight  of  the 
Code)  or  other  action  is  commenced  in  a  circuit,  county  or  corpora- 
tion court,  there  shall  be  a  tax  of  one  dollar  and  seventy  cents ;  if  it  Appeals 
be  an  appeal,  writ  of  error  or  supersedeas  in  a  circuit  court,  there 
shall  be  a  tax  of  thre.e  dollars  and  forty  cents ;  if  it  be  an  appeal, 
writ  of  error  or  supersedeas  in  a  district  court,  eight  dollars  and  fifty 
cents ;  and  if  in  the  court  of  appeals,  eight  dollars  and  fifty  cents. 

Seals: 

21.  When  the  seal  of  a  court,  of  a  notary  pt^^lic  or  the  seal  of  OneeaJs 


10 


FINANCIAL. TAXES. 


the  state  is  annexed  to  any  paper  except  in  those  cases  exempted  by 
law,  the  taxes  ^hall  be  as  follows :  For  the  seal  of  the  state,  five  doi- 
lars;  for  any  other  seal,  two  dollars  and  fifty  cents;  and  herein  shall 
be  included  a  tax  on  a  scroll  annexed  to  a  paper  in  lieu  of  an  official 
What  exempted  seal.  But  this  section  shall  not  apply  to  seals  of  courts  affixed  to 
bonds  of  any  county,  executed  for  money  raised  to  aid  in  equipping 
•  soldiers  of  such  county,  or  to  aid  in  the  support  of  the  families  of 

such  soldiers;  nor  shall  the  tax  provided  in  this  section  apply  to  any 
seal  of  a  court  affixed  to  any  papers  required  in  order  to  receive  the 
arrearages  of  pay  or  allowances  due  to  a  deceased  soldier,  either  from 
this  state  or  the  Confederate  States. 

Transfer  of  stale  stock. 

22.  For  the  transfer  of  all  state  stock  to  be  registered  in  the  office 
of  the  second  auditor,  for  each  certifiaate  of  sto'ck,  there  shall  be  a 
tax  of  ten  cents  for  every  hundred  dollars.  It  shall  be  the  duty  of 
the  second  auditor  to  collect  said  tax  before  the  delivery  of  such  cer- 
tificate of  transferred  stock,  and  render  an  account  of  receipts  for 
each  preceding  quarter  of  a  year,  and  pay  the  same  into  the  treasury, 
at  the  end  of  each  quarter,  to  the  credit  of  the  commonwealth,  de- 
ducting five  per  centum  thereupon  as  his  compensation. 

Wills  and  administrations. 

23.  On  the  probate  of  every  will  or  grant  of  administration  not 
now  exempt  by  law,  there  shall  be  a  tax  of  two  dollars  and  fifty  cents. 

Deeds. 

On  deeds  24.  On  every  deed  admitted  to  record,  ■^^^ther  the  same  has  been 

recorded  before  or  not,  and  on  every  conti"SW  relating  to  real  estate, 
whether  it  be  a  deed  or  not,  which  is  fi'dmitted  to  record,  there  shall 
be  a  tax  of  two  dollars  and  fifty  cents.' 

Bank  corforations . 

Bank  charttrg  ^  25.  Ou  every  law  incorporating  or  chartering  or  rechartering  any 
bank,  with  a  capital  not  exceeding  two  hundred  thousand  dollars, 
there  shall  be  a  tax  of  one  hundred  and  twenty-five  dollars:  with  a 
capital  of  over  two  hundr^  thousand  dollars  and  not  exceeding  four 
hundred  Aousand  dollars,  there  shall  be  a  tax  of  two  hundred  and 
fifty  dollars ;  with  a  capital  of  over  four  hundred  thousand  dollars 
and  not  exceeding  six  hundred  thousand  dollars,  there  shall  be  a  tax 
of  three  hundred  and  seventy-five  dollars ;  with  a  capital  of  over  six 
hundred  thousand  dollars  and  not  exceeding  ei'ght  hundred  thousand 
dollars,  there  shall  be  a  tax  of  five  hundred  dollars ;  and  with  a  capital 
of  over  eight  hundred  thousand  dollars,  there  shall  be  a  tax  of  six 
huiidred  and  twenty-five  dollars. 

Manufacturing  •  companies. 
Charters  of  ma-     26.   On  every  lajv  incorporating  or  rechartering  any  oil,  iron,  coal 


On  transfer  of 
mate  stock;' 


How  tax  col- 
lected 


Compensation 
of  second  au- 
ditor 


On  wills  and  ad- 
minigtratioDii 


FINANCIAL. TAXES.  11. 

or  manufacturing  company,  if  the  maximum  capital  is  one  hundred  nufactnrmg 
thousand  dollars  or  legs,  there  shall  be  a  tax  of  one  hundred »and  '^°™P'*"'®* 
twenty-five  dollars;  and  if  it  exceed  that  amount,  there  shall  be  a 
tax  of  two  hundred  and  fifty  dollars. 

Gas  light  and  other  companies. 

27.  On  every  law  for  the  incorporation  of  anv  canal,  rail  road.  Charters  of  gaa 

".    -  '     . ,,     ,  light  and  other 

insurance,  gas  Jignt,  express  or  telegraph  conipau}-,  it  the  maximum  companies 
capital  is  one  hundred  thousand  dollars  or  less,  there  shall  be  a  tax 
of  one  hundred  and  twenty-five  dollars ;  and  if  it  exceed  that  amount, 
there  shall  be  a  tax  of  two  hundred  and  fifty  dollars  :  provided,  that 
the  tax  imposed  by  this  section  shall  not  apply  to  the  Virginia  canal 
company. 

Savings  institutions. 

28.  On  every  law  chartering,  renewing  or  extending  the  charter  Charters  of 

f  •  '.,.,.  -i.,!  .  -1.  ,         T-,  savinga  iustitu- 

or  any  savings  institution,  it  the  maximum  capital  is  oile  hundred  tioiw 
tliousand  dollars  or  less,  there  shall  be  a  tax  of  one  hundred  and 
twenty-five  dollars ;  and  if  it  exceed  that  amount,  there  shall  be  a 
tax  of  two  hundred  and  fifty  dollars. 

Private  corporations. 

29.  On  every  law  chartering,  renewing  or  extending  the  charter  Private  chartem 
of  any  private  corporation,  other  than  those  herein  before  mentioned, 

and  other  than  acts  for  the  incorporation  of  a  college,  academy, 
seminary  of  learning,  or  literary  or  charitable  institution  or  cemetery, 
if  the  maximum  capital  is  one  hundred  thousand  dollars  or  less, 
there  shall  be  a  tax  of  one  hundred  and  twenty-five  dollars;  and  if 
it  exceed  that  amount,  there  shall  be  a  tax  of  two  hundred  and  fifty 
dollars. 

Unorganized  companies,  how  taxed.  ' 

30.  All  the  acts  of  assembly  creating  or  continuing  corporations  Unorgaiiiied 
mentioned  in  this  act,  which,  since  the  third  day  of  April  eighteen  °'^™^'*^ 
hundred  and  sixty-one,  have  not  been  organized,  by  accepting  the 
charter  granted  to  the  corporators,  and  paid  the  taxes  thereon,  ac-       > 
cording  to  the  provisions  of  the  act  entitled  an  act  imposing  taxes 

for  the  support  of  government,  passed  April  the  third,  eighteen 

hundred  and  sixty-one,  sTiall  hereafter,  upon  being  organized,  or  upon  when  to  make 

accepting  the  charter,  return  a  statement,  verified  by  the  oath  of  the  ^^^°^    °^°    ""^ 

president  or  other  proper  officer,  to  the  auditor  of  public  accounts, 

showing  the  amount  of  the  capital  of  \\\fi  company  or  corporation  of 

which  he  is  president,  on  or  before  the  first  day  of  July,  eighteen 

hundred  and  sixty-three  ;  and  those  corporators  omitting  so  to  accept 

the  charter,  and  to  return  by  that  time,  and  afterwards  accepting, 

shall,  on  or  before  the  first  day  of  July  in  the  year  next  after  sucli 

acceptance,  make  such  report,  and  at  the  same  time  pay  into  the 

treasury  the  amount  of  tax  imposed  by  tKis  act.      ' 


12 


FINANCIAL. TAXES. 


Ordinaries  and 
pnblic  eDter- 
lii'.nnifnt. 


L/icenee  to  sell 
ardent  spirits 


On  licenses. 

Ordinaries. 

31.  The  taxes  on  licenses  shall  be  as  follows:  On  a  licensr  to 
keep  an  nrdiriRry  or  house  of  pnblic  ontertpinraont,  one  liunclreil  i!"]- 
lars ;  and  if  the  yearly  value  of  such  house  and  furniture,  whether 
rented  or  kept  by  the  proprietor,  exceed  one  hundred  dollars,  and  is 
less  than  two  hundred  dollars,  the  tax  shall  be  one  hundred  and 
twenty-five  dollars;  and  if  the  yearly  value  thereof  exceed  two  hiin- 
d'red  dollars,  there  shall.be  added  to  the  last  mentioned  suA  thirty- 
four  per  centum  on  so  much  tbereof  as  exceeds  two  hundred  dollars  ;- 
and  if  the  license  grants  tlie  privilege  of  retailing  ardent  spirits,  . 
porter,  ale  or  beer,  to  be  drank  elsewhere  than  at  such  ordinary,  there 
shall  be  added  to  said  license  a  tax  of  one  hundred  and  twenty-five 
dollars,  in  addition  to  the  amount  otherwise  imposed ;  and  if  the 
business  be  continued,  there  shall  also  be  a  tax  of  two  and  a  half 
per  centum  upon  the  amount  of  such  sales  for  the  preceding  year,  in 
addition  to  the  specific  tax.  But  the  privilege  to  sell  ardent  spirits 
hereby  authorized,  shall  not  be  construed  to  authorize  the  sale  of  any 
other  thing  under  cover  df  a  license  to  keep  an  ordinary;  and  any 
sales  not  authorized  at  such  ordinary,  shall  be  deemed  to  be  sales 
made  by  the  ordinary  keeper  without  license.  All  houses  at  any 
time  heretofore  kept  as  hotels  or  licensed  ordinaries,  shall  be  deemed 
to  be  houses  of  public  entertainment ;  and  if  licensed,  shall  be  licensed 
as  such,  with  or  without  the  privilege  of  selling  ardent  spirits.  * 

Private  entertainment. 

Private  enter-  32.  On  a  Hccnse  to  keep  a  house  of  private  entertainment  or  a 
boarding  houses  private  boarding  house,  twenty  dollars.  If  the  yearly  value  thereof 
and  furniture  exceed  one  hundred  dollars,  there  shall  be  added  to  the 
last  mentioned  sum  twenty-five  per  centum  on  so  much  thereof  as 
exceeds  one  himdred  dollars.  But  no  house  shall  be  deemed  a  pri- 
vate boarding  house,  with  less  than  five  boarders. 


Not  to  include 
gaJe  of  other 
tbinga 


What  houses 
deemed  ordl- 
saries 


Cook  shops  and 
eating  houses 


Cook  shops  and  eating  houses. 

33.  On  every  license  to  keep  a  cook  shop  or  eating  house,  fifty 
dollars;  and  in  addition  thereto,  fifty  per  centum  on  so  much  of  the 
yearly  value  thereof  as  exceeds  one  hundred  dollars. 

Bowling  alleys. 

Bowling  alleys  34.  On  every  license  permitting  a  bowling  alley  or  saloon  to  be 
kept  for  a  year,  one  hundred  'and  twenty-five  dollars;  but  if  there 
be  more  than  one  such  alley  kept  in  any  one  room,  forty  dollars  each 
shall  be  charged  for  the  excess  over  one. 

•  Billiard  tables. 


Billiard  tables        35.   On  evcry  license  permitting  a  billiard  table  to  be  kept  for  a 


FINANCIAL. ^TAXES.  W 

year,  two  hundred  and  fifty  dollars ;  but  if  there  be  more  than  one 
such  table  kept  in  any  one  room,  one  hundred  and  twenty-five  dol- 
lars each  shall  be  charged  for  the  excess  over  one  table. 

Bagatelle  tables. 

36.  On  every  license  permitting  a  bagatelle  or  other  like  table  toBijateiie  tables 
be  kept  for  one  year  or  any  less  time,  fifty  dollars  for  the  first,  and 

if  more  than  one,  thirty  dollars  for  each  additional  table. 

Livery  stables. 

37.  On  every  license  to  a  keeper  of  a  livery  stable,  two  dollars  Livery  stabiea 
and  a  half  for  each  stall  thereof;  and  herein  shall  be  included  as  What  inciudea 
stalls,  such  space  as  may  be  necessary  for  a  horse  to  stand,  and  in 

which  a  horse  is  or  may  be  kept  at  livery  otherwise  than  for  the  pur- 
pose of  feeding  horses  by  one  day  only ;  and  no  exemption  from  this  Ordinary  keep- 
license  shall  be  allowed  to  any  person  in  consequence  of  such  person  *"  "^^  oxemp 
being  licensed  to  keep  an  ordinary  or  house  of  private  entertainment, 
if  any  horses  be  kept,  fed  or  hired  for  compensation  by  the  proprie- 
tor thereof,  except  ^at  no  tax  shall  be  required  on  such  stalls  as  arc 
kept  exclusively  and  used  for  horses  belonging  to  travelers  or  guests 
stoppmg  at  such  house. 

License  to  distill  or  rectify  ardent  spirits. 

38.  On  every  license  to  distill  or  rectify  ardent  spirits,  if  the  nia-  Distilling  or  rac- 
chinery  be  propelled  by  steam  power,  the  tax  shall  be  two  hundred  ^iruf 

and  fifty  dollars ;  if  the  machinery  be  not  so  propelled,  the  tax  shall 
be  one  hundred  and  twenty-five  dollars ;  and  if  the  distillery  is  for 
the  manufacture  of  ardent  spirits  from  fruit,  vegetables,  syrup,  mo- 
lasses, sugar  cane  or  sugars  only,  the  tax  shall  be  twenty  dollars,  and 
no  deduction  shall  be  allowed  if  the  privilege  be  exercised  for  less 
than  a  year.     In  either  case,  there  shall  be  a  tax  of  fifty  cents  per  Ad.iitionai  tax 
gallon  on  the  quantity  of  ardent  spirits  to  be  manufactured,  which  ^"  "'^'^"^ 
shall  be  stated  in  the  license ;  and  when  the  quantity  so  stated  shall 
have  been  made,  the  license  thereafter  shall  be  void ;  and  any  person 
continuing  the  manufacture,  after  the  quantity  named  in  the  license 
shall  have  been  made,  shall  be  liable  to  all  penalties  of  a  person  dis- 
tilling without  a  license.'   If  the  person  desiring  such  license  make  Ht)w  quaatity 
application  therefor,  he  shall  state  on  oath  the  probable  quantity  ^°  ^®  "^'^^'''^'"^ 
which  in  his  opinion  he  will  distill  during  the  time  the  license  is  to 
continue,  and  the  tax  shall  be  assessed  as  well  for  the  specific  amount 
as  upon  the  quantity  to  be  produced.     If  the  application  shall  not  be 
made  to  the  commissioner  for  an  assessment,  the  commissioner  shall 
assess  the  specific  tax  as  in  other  cases  of  default,  and  shall  ascer- 
tain, upon  the  best  information  he  can  obtain,  the  probable  quantity 
which  the  distillery  will  produce  during  the  time  the  license  wiU  con- 
tinue, and  shall  therefrom  assess  the  actual  rate  per  gallon  provided 
for  in  this  act.    If  the  quantity  to  be  manufactured  under  such  li- 
cense shall  have  been  made,  and  the  person  desires  an  enlargement 


14 


FINANCIAL. TAXES. 


When  thiB  geo- 
tion  to  corn- 


Merchant's 
specific  tax 
Tax,  when  pro- 
portioned to 
saiBB  . 


JJeense  tax  to 
be  had  for  sell- 
ing articles  for 
otbera 


Kot  to  sell  at 
avttion  except 

to  close  buBineBB 


Mvf^aatt' 


of  the  quantity,  he  may.  apply  for  a  new  assessment  and  new  licence 
for  the  additional  quantity  desired,  which  shall  be  granted  upon  the 
payment  of  the  tax  on  the  gallon,  without  the  specific  tax  to  rectify 
or  distill.  This  section  of  this'  act  shall  be  in  force  from  the  passage 
thereof,  so  far  as  to  impose  the  tax  for  the  manufacture  of  ardent 
spirits  from  fruit,  vegetables,  syrups,  molasses,  sugar  cane  or  sugars ; 
for  the  manufacture  of  ardent  spirits  for  the  confederate  government, 
or  under  any  contract  or  agreement  therewith;  and  shall, be  in  force, 
as  to  the  manufacture  of  liquors  generally,* from  and  aftef  the  time 
the  act  entitled  an  act  to  prevent  the  unnecessary  consumption  of 
grain  by  distillers  and  other  manufacturers  of  spirituous  or  malt 
liquors,  passed  March  twelfth,  eighteen  hundred  and  sixty-two,  shall 
expire :  provided  no  license  or  tax  shall  be  required  of  any  person 
for  manufacturing  thirty-three  gallons,  in  one  year,  out  of  the  fruit, 
vegetables,  syrups,  molasses,  sugar  cane  or  sugars  of  his  own  pro- 
duction, for  his  own  use. 

Merchants. 

39.  On  every  license  to  a  merchant  or  mercantile  firm,  where  a 
specific  tax  is  to  be  paid,  one  hundred  and  fifty  dollars;  and  where 
the  tax  is  in  proportion  to  the  sales,  if  the  taxable  sales  shall  be  un- 
der one  thousand  dollars,  the  tax  shall  be  fifty  dollars ;  if  one  thou- 
sand dollars  and  under  fifteen  hundred  dollars,  sixty  dollars;  if  fif- 
teen hundred  dollars  and  under  twenty-five  hundred  dollars,  eightjr 
dollars ;  if  twenty-five  hundred  dollars  and  under  five  thousand  dol- 
lars, one  hundred  and  twenty  dollars ;  if  five  thousand  dollars  and 
under  ten  thousand  dollars,  one  hundred  and  ninety  dollars ;  if  ten 
thousand  dollars  and  under  fifteen  thousand  dollars,  two  hundred  and 
forty  dollars  ;  if  fifteen  thousand  dollars  and  under  twenty  thousand 
dollars,  two  hundred  and  eighty  dollars ;  if  twenty  thousand  dollars 
and  under  thirty  thousand  dollars,  three  hundred  and  fifty  dollars ; 
if  thirty  thousand  dollars  and  under  fifty  thousand  dollars,  five  hun- 
dred and  twenty  dollars  ;  and  if  over  fifty  thousand  dollars,  twenty- 
five  dollars  for  every  ten  thousand  dollars  excess  over  the  said  sum 
of  fifty  thousand  dollars.  In  addition  to  the  amount  herein  required 
to  be  paid  upon  taxable  sales,  there  shall  also  be  paid  a  license  tax 
of  three-tenths  of  one  per  centum  upon  the  amount  of  all  articles 
sold  by  said  merchant  for  others,  whether  such  goods  be  agricultural 
productions,  or  other  articles  exempted  in  the  hands  of  the  producer 
or  owner  from  taxation  or  otherwise.  If  any  merchant  is  about  to 
close  out  and  discontinue  his  business,  he  may  sell  the  same  by  auc- 
tion ;  but  under  no  other  circumstances  shall  he  sell  by  auction,  un- 
less he  obtain  a  license  as  auctioneer.  But  nothing  contained  in  this 
section  shall  be  construed  to  authorize  any  such  person  to  sell  wine, 
ardent  spirits,  or  a  mixture  thereof. 

Merchants^  permission  to  sell  ardent  spirits. 

40.  In  every  case  in  which  the  license  to  a  merchant  or  mercan- 


FINANCIAL. TAXES.  V^ 

tile  firm  includes  permission  to  sell  wine,  ardent  spirits,  or  a  mixture  license  to  sell 
tliereof,  porter,  ale  or  beer,  by  wholesale  and  retail,  or  by  retail  only,  ^^^'^^^  spmts 
if  such  merchant  or  firm  sell  by  wholesale  and  retail,  or  by  wholesale 
cnly,  an  additional  tax  of  two  hundred  and  fifty  dollars  ;  and  on  the  Tax  on  sales  of 
amount  of  such  sales  within  the  year  next  preceding,  there  shall  be  ^""^^  i^gryear 
a  tax  of  two  and  one-half  per  centum  on  the  amount  of  such  sales 
for  the  year  next  preceding  the  time  of  obtaining  said  license,  in  ad- 
dition to  the  specific  tax  imposed  as  aforesaid ;  but  said  sales  shall 
BOt  be  estimated  in  ascertaining  the  amount  of  a  merchant's  license, 
except  where  stlch  merchant  fails  to  take  out  a  license  to  sell  ardent 
spirits ;  in  which  case,  the  sales  of  liquors  for  the  preceding  year 
shall  be  estimated  as  part  of  the  sales  of  merchandise,  whether  such 
liquors  were  sold  under  a  license  or  not,  and  on  such  part  of  his  sales 
there  shall  be  an  additional  tax  of  ten  and  one-half  per  centum.  • 

Merchant  tailors  and  others. 

41.  Merchant  tailors,  lumber  merchants  and  dealers  in  coal  or  Merchant 
wood,  shall  obtain  license  as  merchants,  and  be  assessed  and  taxed 
'ihereon  as  other  merchants  are  by  the  preceding  sections  of  this  act, 

and  shall  be  subject  to  like  penalties  for  conducting  such  business 
without  a  merchant's  license,  except  that  any  captain  or  other  per- 
son having  thelilommand  or  control  of  any  vessel,  shall  not  be  re- 
«q[aired  to  take  out  a  license  to  sell  wood  by  retail  from  such  vessel. 

Commission  merchants. 

42.  The  tax  on  every  license  to  a  commission  merchant,  forward-  Commii^sion 
ing  merchant  or  ship  broker,  shall  be  one  hundred  dollars  each  for 
commencing  business ;    and  if  to  continue  such  business  after  the  Additional  tax 
sarlie  has  been  carried  on  for  one  year,  the  tax  on  such  license  shall  businesB°^'°^ 
be  five  per  centum  on  the  amount  of  all  commissions  of  every  kind 
received ;  and  this  tax  shall  be  in  addition  to  such  tax  as  may  be  im- 
posed on  a  licen^  to  such  merchant  or  firpi  to  sell  goods,  wares  or 
merchandise.     All  goods  consigned  to  any  such  commission  mer- 
chant or  forwarding  merchant,  whether  such  goods  be  agricultural 
productions,  or  other  articles  exempted  in  the  hands  of  the  producer 

<or  owner  from  taxation,  shall  be  included  as  subjects  of  taxation, 
ander  the  provisions  of  this  section. 

General  auctioneers. 
i. 

43.  On  every  license  to  an  auctioneer  or  vendue  master  to  sell  General  auc- 
goods,  wares  and  merchandise  at  public  auction,  sixty-five  dollars ; 

and  if  the  place  of  business  be  in  a  town  containing,  when  assessed, 
a  population  of  three  thousand  inhabitants,  eighty  dollars;  if  the 
population  exceed  three  thousand,  an  additional  tax  of  forty  dollars 
for  every  thousand  persons  above  that  number,  and  at  that  rate  for 
any  fractional  excess  less  than  one  thousand ;  but  such  license  shall 
not  authorize  the  sale  of  slaves  or  real  estate  at  auction.    On  every  For  continuiag 

busiuesa 


16 


FINANCIAL. — TAXES. 


"Where  sales  to 
be  made 


license  to  an  auctioneer  or  vendue  master  in  this  section  mentioned, 
to  continue  the  business  after  the  same  has  been  carried  on  for  a 
year,  there  shall  be  an  additional  tax  of  five-eighths  of  one  per  cen- 
tum on  the  amount  of  taxable  sales  of  such  auctioneer  or  vendue 
master  for  the  preceding  twelve  months.  But  no  sale  shall  be  made 
at  any  place  other  than  the  house  named  in  the  license  as  the  place 
of  business,  or  at  suph  other  place  as  the  person  owning  the  property 
is  authorized  to  sell  the  same ;  but  this  prohibition  shall  not  apply  to 
cargo  sales,  or  the  property  of  persons  closing  out  business  for  which 
they  have  a  license;  and  no  goods  shall  be  consigned  to  such  auc- 
tioneer for  sale,  unless  the  owner  thereof  has  obtained  a  merchant's 
license  for  a  period  as  long  as  one  whole  year. 


Negro  auc-. 
tioneers 


Negro  auctioneers. 

44.  On  every  license  to  an  auctioneer  or  vendue  master  to  sell 
slaves  at  public  auction,  sixty-five  dollars ;  and  if  the  place  of  busi- 
ness be  in  a  town  containing  a  population  of  three  thousand  inhabi- 
tants, eighty  dollars ;  if  the  population  exceed  three  thousand,  an 
additional  tax  of  forty  dollars  for  every  thousand  persons  above  that 
number,  at  the  time  of  making  the  assessment,  and  at  that  rate  for 
any  fractional  excess  less  than  one  thousand.  On  every  license  to 
an  auctioneer  or  vendue  master,  in  this  section  mStioned,  to  con- 
tinue the  business  after  the  same  has  been  carried  on  for  a  year,  a,ii 
additional  tax  of  one-half  of  one  per  centum  on  the  amount  of  tas*- 
able  sales  of  sucli  auctioneer  or  vendue  master. 


Real  estate  auctioneers. 

Kcai  estate  45.  On  evory  license  to  an  auctioneer  or  vendue  master  who  deals 

exclusively  in  real  estate,  sixty-five  dollars;  and  if  the  place  of  busi- 
ness be  in  a  town  containing  a  population  of  three  thousand  inhabi- 
tants, eighty  dollars;  if  the  population  exceed  three  thousand,  an 
additional  tax;  of  forty  dollars  for  every  thousand  persons  above  that 
number,  and  at  that  rate  for  any  fractional  excess  less  than  one  thou- 
sand. On  every  license  to  an  auctioneer  or  vendue  master  in  this 
section  mentioned,  to  continue  the  business  after  the  same  has  been 
carried  on  for  a  year,  an  additional  tax  of  one-half  of  one  per  centum 
on  the  amount  of  taxable  sales  of  such  auctioneer  or  vendue  master. 
"Taxable  sales,"  in  this  and  the  two  preceding  sections,  shall  be 
construed  to  embrace  all  sales  made  by  such  auctioneers  or  vendue 
masters,  whether  such  sales  be  public  or  private :  provided,  that  such 
tax  on  private  sales  shall  not  apply  to  cases  whefe  the  merchant's 
tax  is  payable  on  said  sales. 

Common  crier. 

Common  crier  46.  On  every  license  to  a  common  crier,  if  in  a  town  of  more  than 
one  thousand  inhabitants,  twenty-five  dollars;  but  he  shall  not  be 
authorized  to  act  in  tl\e  sale  of  any  property  belonging  to  a4y  person. 


Ta.table  saleg, 
how  coniitrued 


•        ;  -  FINANCIAL. TAXES.  17 

nnlesg  such  owner  is  aifthorized  to  sell  sucli  property  without  a  license. 
or  l^as  obtained  license  to  do  so. 

Samjde  merchants. 

47.  On  evcrv  license  to  sell  c-ooda  br  sample,  card  c-r  other  repre-  Sample  mcr- 

r^        1        n      T   -I   11  '  chanta 

seBtation,  live  hanared  dollars. 

Telegraph  companies. 

48.  On  every  license  to  a  telegraph  company  to  operate  within  Toicorrai>h  eom- 
this  state,  one  hundred  and  sixty-five  dollars;  and  on  the  business  of  ^'^"^^^ 

the  preceding-  year,  an  additional  tax  of  two  and  a  half  per  centum 
OB  the  gross  receipts  received  or  contracted  to  be  reoeived  by  such 
company  for  business  done  within  the  year  next  preceding  the  time 
of  obtaining  license. 

Patent  rights. 

49.  On  every  license  to  sell  or  barter  the  right  to  manufactTire  or  Patent  right? 
use  any  machinery  or  other  thing  patented  to  any  person  or  company, 

under  the  laws  of  the  Confederate  States,  twenty-five  dollars  in  each 
county;  and  no  merchant  shall  sell  the  sa.me  without  an  additional 
license  and  the  payment  of  the  tax  prescribed  by  this  section.  But 
patentees  who  are  citizens  of  Virginia  shall  not  be  subject  to  the  tax 
imposed  by  this  section. 

'      .      Medicines. 

.50.  On  every  license  to  sell  medicines,  if  by  retail,  sixty-five  dol-  Medicines 
lars;  and  if  by  wholesale,  one  hundred  and  twenty-five  dollars.  A 
person  having  a  merchant's  license  may  sell  medicines  without  any 
additional  license,  unless  the  same  be  sold  on  a  comicission;  in  which 
case,  the  additional  license  and  tax  shall  be  imposed.  Such  license 
shall  continue  to  be  construed  not  to  authorize  the  sale  of  ardent  *• 

spirits  by  prescription  or  otherwise. 

Boole  agcjits.  ■      y 

51.   On  every  license  to  a  person  obtaining  subscriptions  to  books.  Boot  agpnts 
maps,  prints,  pamphlets  or  periodicals,  sixty-five  dollars  for  each 
connty,  city  or  town.     On  every  license  to  sell  or  in  any  manner  fur- 
nish the  same,  sixty-five  dollars.    If  the  person  obtaining  such  license 
has  not  been  a  resident  of  the  Confederate  States  two  years,  the  tax 
shall  be  in  each  case  five  hundred  dollars.     But  any  person  who  has 
been  a  resident  of  the  Confederate  States  for  tw'o  years,  desiring  to 
distribute  or  sell  any  religious  books,  newspapers  or  pamphlets,  may  • 
apply  to  the  county  or  corporation  court  of  each  county,  city  or  town 
in  which  he  may  desire  to  distribute  or  sell  the  same ;  and  such  court, 
upon  being  satisfied  that  such  person  is  a  proper  person  for  such  duty, 
may  grant  him  a  license  without  the  imposition  of  any  tax  for  the 
privilege ;   but  this  section  shall  not  apply  to  books,  newspapers  or 
pamphlets  written  by  citizens  of,  or  published  in  the  Confederate  ~ 
•States.  •   i:  -  .  '  ■ 

2 


18  DISTILLATION. 

Sales,  how  re-         G.    Eveiy  sale  of  alcohol  made  by  the  manufacturer  shall  he  re- 
^°"^'^  portcnl  to  tiie  governor,  or  such  other  authorities  as  may  he  prescribed 

Penalties  hj  him ;  and  any  manufacturer  of  alcohol  who  shall  attempt  to  sell 

to  any  one,  except  for  the  purpose  herein  before  mentioned,  or  who 
shall  violate  any  of  the  provisions  of  this  act,  shall  be  subject  to  all 
the  penalties  prescribed  by  an  act  to  prevent  the  unnecessary  con- 
sumption of  grain  by  distillers  and  other  manufacturers  of  spirituous 
Fine  for  remo-  or  malt  liquors  :  and  any  person  wlio  shall  alter  or  remove  from  any 
mark  ^''"^^^  ^  cask  Or  otliev  vessel  of  alcohol,  the  mark  placed  upon  it  by  the 
ganger,  shall  be  liable  to  pay  a  fine  of  not  less  than  one  hundred 
dollars  ;  to  be  recovered  by  motion,  after  ten  days'  notice,  before  any 
court  of  the  commonwealth ;  one-half  to  the  informer,  and  the  other 
half  to  the  commonwealth. 

Sale  of  alcohol  7.  All  persons  who  shall  directly  or  indirectly  be  concerned  in 
prolaibited^^^  Vending,  or  using  or  promoting  the  use  of  any  alcohol  as  and  for  a 
drink,  shall  be  subject  to  the  same  penalty  as  is  prescribed  in  the 
foregoing  section  (to  be  recovered  and  disposed  of  in  the  same  man- 
ner as  is  therein  prescribed) ;  and  each  offence  of  the  provisions  of 
this  section  shall  be  deemed  a  separate  offence,  and  subject  to  the 
same  penalties. 

statement  to  be  8.  Every  person  who  shall,  by  virtue  of  the  provisions  of  this  act, 
engage  in  tne  manufacture  of  alcohol,  shall,  at  the  period  in  which 
he  shall  list  his  property  for  taxation,  furnish  to  the  commissioner  of 
the  revenue  of  the  said  county,  city  or  town  in  which  said  manufac- 
ture shall  be  carried  on,  a  statement,  to  be  verified  under  oath,  of 

Tax  the  number  of  gallons  he  shall  have  sold ;  and  said  commissioner 

shall  thereuptju  assess  him  with  a  tax  of  thirty  cents  for  each  gallon 
so  sold,  and  return  the  same  to  the  sheriff*  or  collector  of  the  revenue 
of  the  county,  city  or  town,  who  shall  proceed  to  collect  the  same, 
and  account  therefor  in  the  mode  prescribed  for  the  collection  and 
payment  of  the  revenue  of  the  state. 

License,  how  9.   Any  license  granted  under  this  act  shall  be  revocable  at  the 

revocaj.e  discretion  of  the  governor;  and  it  shall  be  his  duty  to  revoke  such 

license  when  he  shall  have  reason  to  believe  it  is  abused  by  being 

perverted  from  the  uses  intended  by  this  act. 

Rights  siis-  10.   That  upon  a  presentment  or  indictment  by  any  grand  jury 

tiictmeut  of  the  city  or  county,  in  which  such  alcohol  may  be  distilled,  for  a 

violation  of  this  act,  the  rights  granted  thereby  shall  be  suspended : 
What,  on  con-  and  if  the  party  be  convicted  on  such  presentment  or  indictment, 
cJathThow  taken  shall  bc  from  that  time  ipso  facto  revoked  ;  provided,  that  before  any 

person  is  licensed  under  this  act,  he  shall  take  an  oath,  the  form  of 
Whisky  not  to  whicli  shall  be  prescribed  by  the  governor,  to  the  effect  that  no  whisky 
be  distilled  distilled  shall  be  sold  or  given  away,  or  otherwise  used  than  to  be 
Bond,how given  converted  into  alcohol:   provided  further,  that  no  license  shall  be 


made  to  com- 
missioner of 
reven'Lie 


DISTILLATION.  19 

granted  under  this  act  until  the  applicant  shall  have  given  bond, 

with  good  security,  to  be  filed  ■with  the  auditor  of  public  accounts,  in 

a  penalty  of  two  thousand  dollars,  payable  to  the  commonwealth  of 

Virginia,  conditioned  that  all  the  whisky  made  by  him  under  his  Conditions 

license  shall  be  converted  into  alcohol,  and  that  the  applicant  shall 

pay  all  the  tases  that  may  be  chargeable  on  such  distillery,  whether 

assessed  or  not :  provided,  that  no  person  shall  obtain  such  license,  Recommenda- 

unless  he  shall  have  been  previously  recommended  by  the  court  of  co°untv  court 

the  county  or  corporation  in  which  such  distillery  is  proposed  to  be 

erected,  as  a  suitable  and  proper  person  for  exercising  such  privilege 

in  such  county  or  corporation. 

11.    This  act  shall  be  in  force  from  its  passage.  Commencement 


Chap.  12. — An  ACT  to  amend  and  re-enact  an  act  entitled  an  act  to  prevent 
the  unnecessary  consumption  of  Grain  by  Distillers  and  other  manufac- 
turers of  Spirituous  and  Malt  Liquors. 

Passed  October  2,  1862, 

1.  Be  it  enacted  by  the  general  assembly,  that  the  first  section  of  Act  of  1361-2 
an  act  passed  on  the  twelfth  day  of  March  eighteen  hundred  and  '^™^'^'^'^'- 
sixty-two,  entitled  an  act  to  prevent  the  unnecessary  consumption  of 

grain  by  distillers  and  other  manufacturers  of  spirituous  and  malt 
liquors,  be  amended  and  re-enacted  so  as  to  read  as  follows  : 

"  §  1.   It  shall  not  be  lawful  for  any  person  hereafter  to  make  or  DistiUation  pro- 
cause  to  be  made  any  whisky,  or  other  spirituous  or  malt  liquors,  ^''"*'^^ 
out  of  any  corn,  wheat,  rye  or  other  grain,  except  for  medicinal  or  Exceptions 
hospital  purposes,  in  execution  of  a  bona  fide  contract  heretofore 
made,  or  hereafter  to  be  made  with  the  chief  purveyor  of  the  medical 
department  of  the  Confederate  States  government,  or  with  the  me- 
dical director  of  the  Virginia  state  line  :   and  any  person  so  oflFending 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof, 
shall  be  fined  for  every  offence  not  less  than  one  hundred  dollars  nor 
more  than  five  thousand  dollars,  and  be  subject  to  imprisonment  in 
the  county  jail  not  exceeding  twelve  months,  at  the  discretion  of  the  . 
court." 

2.  This  act  shall  be  in  force  from  its  passage.  Commencement 


FINANCIAL. — -TAXES, 


InBuracee  coia- 


In 


surance  conijmrtics , 


62.   On  every  license  to  an  agent  or  sub-agent  of  anj  insurance 
company,  uot  chartered  by  this  state,  sixty-four  dollars. 


Physicians,  den 
tiSES  and  attor- 


Physicians  and  others. 

.63.  On  every  license  to  a  physician,  surgeon  or  dentist,  fourteen 
dollars  each ;  and  on  every  license  to  an  attorney  at  law,  fourteen 
dollars.  If  the  3'early  income  derived  from  the  practice  of  any  such 
callings  or  professions,  during  the  year  nest  preceding  the  time  of 
obtaining  such  license,  shall  exceed  five  hundred  dollars,  there  shall 
be  an  additional  tax  on  the  excess  of  two  and  a  half  per  centum ; 
and  this  income  shall  be  included  in  the  license  tax.  A  license  to 
any  such  person  shall  confer  on  him  the  privilege  of  practicing  such 
profession  in  any  part  of  the  commonwealth. 


BagaerreJaa 
artist  a 


Selling  horses, 
zauleB,  &c.  for 
pro-Ct 


GarriageB,  btig- 
giea,  &c.  mann- 
factured  out  of 

state 


Daguerreian  artists. 

64.  On  ever}'  license  to  exercise  the  daguerreian  art,  or  such  like 
profession  or  performance,  hj  whatever  name  it  may  be  known  or 
called,  if  in  a  city  or  incorporated  town  of  less  than  five  thousand 
inha^bitante,  fifty  dollars ;  if  more  than  five-  thousand  inhabitants, 
one  hundred  dollars ;  if  elsewhere,  twenty-five  dollars.  And  if  the  . 
yearly  income  derived  from  the  practice  of  said  art  exceed  five  hun- 
dred dollars  in  any  .county,  city  or  town,  an  additional  tax  of  two 
and  a  half  per  centum  on  such  excess  for  the  year  nest  preceding 
the  time  of  obtaining  such  license ;  and  such  tax  shall  be  imposed, 
whether  an  .artist  perform  in  a  gallery  or  not.  If  more  than  one 
person  be  engaged  in  the  joint  exercise  of  such  profession  or  per- 
formance in  the  same  gallery,  the  tax  shall  not  be  imposed  upon  each 
artist,  but  upon  the  gallery.  • 

Horses,  nudes,  Sfc.  sold  for  pro/£^ 

G5.  Qn  every  license  to  sell  for  others,  on  commission  or  for,  profit, 
horses,  mules,  asses,  jennets,  cattle,  sjaeep  and  hogs,  or  either  of 
them,  fifty  dollars  ;  and  the  sale  may  be  made  under  such  license  in 
any  county  or  corporation. 

Carriages-,  buggies  and  other  vehicles. 

66.  On  every  license  to  sell  carriages,  buggies,  barouches,  gigs, 
and  such  like  vehicles,  manufactured  out  of  this  state,  one  hundred 
and  twenty-five- dollars  in  each  county  or  corporation.  If  the  busi- 
ness be  continued  after  ,the  sam^  has  been  carried  on  for  a  year,  the 
tax  shall  be  on  the  amount  of  sales,  in  addition  to  the  specific  tax, 
as  on  merchants'  licenses.  But  this  section  shall  not  be  so  construed 
as  to  exempt  persons  from  taxation  who  may  put  together  the  prin- 
cipal parts  of  such  vehicles  as  niay  be  manufactured  out  of  tliia  state. 


FINANCIAL. ^TAXES. 


Slaiies  houglil  or  sold  for  ■profit.  * 

• 

67.  On  every  license  to  buy  or  sell  slaves  on  commission  or  for  Slaves  bought 

profit,  other  than  at  public  auction,  thirty-five  dollars  in  each  county ; 
and  oa  the  yearly  income  of  such  business  in  all  the  counties  (to  be 
taxed  but  once),  an  additional  tax  .of  two  and  a  half  per  centum  on 
such  income.  If  the  sale  be  made  by  an  auctioneer,  no  additional 
license  from  him  shall  be  required  for  that  purpose. 

Barhers. 

68.  On  every  license  to  keep  a  barber's  shop,  twenty  dollars  ;  and  Bribers 
for  every  person  above  one  engaged  or  employed  therein,  ten  dollars. 

The  number  to  be  engaged  or  employed  shall  be  specified  in  the 
license.  For  any  violation  of  this  section,  the  person  licensed  and 
so  oiFending,  shall  forfeit  twenty  dollars  for  each  oifence. 

HawJccrs  and  peddlers. 

69.  Oa  every  license  to  a  hawker  or  peddler  to  d-eai  in  goods,  iiav.kers .i&i 
wares  and  merchandise,  two  hundred  and  fifty  dollars :    provided, 
however,  the  hawker  and  peddler  to  be  taxed  under  this  section, 

ahall  first  obtain  from  the  county  or  corporation  court,  within  whose  * 
jurisdiction  the  said  license  is  intended  to  be  used,  a  certificate  that 
the  applicant  is  a  loyal  citizen  of  some  one  of  the  Confederate  States, 
and  has  been  a  resident  of  this  state  for  two  years,  and  of  the  county, 
city  or  toWn  for  one  year  next  preceding  the  granting  of  &aid  certi- 
ficate. 

To  ichora  nat  to  be  issued. 


'  70.   No  ricei;i^e  shall  be  granted  to  a  married  woman,  unless  she  when  rnarr'M^>T 
shall  be  living  separate  and  apart  from  her  husband,  or  unless  her  uceuaed™''''' 
kusband  would  be  eutitl-ed  to  take  out  a  license  iu  liis  own  name. 

Licenses  to  miners  and  manufacturers. 


7i.  The  commissioners  of  the  revenue  shall,  on  or  before  the  Miners  ana 
diirtieth  day  of  .April  eighteen  hundred  and  sixty-three,  and  on  or 
before  the  thirty-first  day  of  January  in  eacli  succeeding  year,  de- 
liver a  certificate  of  a  license,  and  the  tax' to  be  paid  therefor,  to 
every  person,  firm,  company  or  corporation,  for  the  privilege  of  car- 
rying on  any  of  the  occupations  following,  viz  : 

Mining  for  coal,  iron,  or  other  ores  and  minerals,  and  the  sale  of  Coal,  troa, -t-i 
the  products  thereof. 

The  manufacture  and  sale  of  salt,  ft.-on  and  other  metals,  and  the  Salt,  &c 
sale  of  salt  water  and  coppea-as. 

The  manufacture  and  sale  of  cotton  and  woolen  fabrics  made  by  Cotton  and 

. ,  c  ^  •  1     ;!  1         J  .  woolea  ftibrk-s 

ithe  use  or  machinery  worked  uy  steam  or  water  power. 

The  manufacture  and  sale  of  paper  of  all  kinds.  Paper 

The  manafecture  -and  sale  cf  leatlic?.  ■  i^es^tiiei- 


:22  FIIVANCIAL.— TAXES. 

Boots,  imoes,  &c      TIic  mitniifacture  and  sale  of  boots,  shoes  and  the  like. 

Flour  ^  The  manufacture  and  sale  of  flour  from  grain  not  raised  nor  ?£^- 

oeived  as  toll  for  grinding  hj  tlie  miller. 
■y/aen  licOTses         The  said  licenses  shall,  terminate  on  the  thirtj-first  day  of  Jannaiy 
''"^'  eighteen  hundred  and  siziy-four. 

penalty  for  fail-  72.  Any  person,  firm,  eompsny  or  corporation  carrying'  on  anj 
ii&?ns&  '  ■  such  occupation  after  the  thirtieth  day  of  April  eighteen  handrec? 
and  sixty-three,  without  having-  first  obtained  a  license  therefor,  shall 
forfeit,  for  each  da,y  it  may  be  done,  not  less  than  fifty  dollars  nor 
more  tfean  five  hundred  dollars ;  to  be  recovered  by  motion  m  the^ 
eircuit  court  of  the  county  wherein  the  effenco  sh-all  be  committed^ 
ar  in  the  circuit  court  of  the  city  of  Eichmond :  pravided,  that  a 
mechanic  who  manufactures  boots  and  shoes,  p=nd  sells  the  artic/es  of 
Iiis  manufacture  only  to-  persons  for  their  own  use  and  consumption, 
shall  not  be  required  to  obtain  a  license  tinder  tMs  aet. 

Tut  t;n  business  73.  When  the  business  foi;  whieh  a  Ecenge  issaes  uni^r  this  see- 
^"ii-J^""^^  .tion  shall  have  been  carried  en  during  the  jsar  ending  en  the  thirty- 
first  of  January  eighieen  hundred  and  sixty-tliree,  'by  the  person,, 
firm,  company  o?  corporation  obtaining  it,  or  by  any  other  person^ 
firm,  eoxa-pauy  ar  corporation,  at  the  place  or  on  the  property  wher€- 
it  shall  be  licensed  for  the  coming  year,  the  commissioner  of  the 
*  revenue  shall  assess  the  tas  upon  such  license  at  ten  per  eentam  upor^ 
so  much  of  the  net  profits  &f  the  business  during  the  year  so  ending- 
Dn  the  thirty-first  of  January  eighteen  hundred  and  sixty-three-,  as- 
esceeds  three  thousand  dollars ;  ajnd  if  the  business  has  only  been 
carried  on  for  a  part  of  the  year  preceding  the  said  thirty-arst  day  of" 
January  eighteen  hundred  and.  sixty-three,  then  the  commissioner- 
shall  assertain  \he  taxable  products,  by  adopting  the  saine  for  such 
part  of  the  year  as  a-  basis  for  ascertaining  the  sa:aie  for  the  entire- 
yeatr. 

Tax  or.  persons       74.   When-  the  porson:,  firm,  c-onvpany  or  eorporation,  obtainiog  a 
iitisrrLt-.ss  '  license  under  this  section,  is  ©ommencing  business,  and  na  other 

person,  fi-rm,  company  or  corporatit^n  has  carried  oa  business  for  the- 
year  cading  January  thirty-first,  eighteen  hundred  and  sixty -three,  as- 
aforesaid,  the  commissioner  of  the  revenue  shall  assess  the  tax  on, 
such  license  at  one  per  centum  upon  the  present  value  cf  the  real 
and  personal  property,  including  ©apital  employed  in  the  business  sc> 
JBegtnners  to       to  be  Commenced,  and  shall  take  an  obligation  ftora  the  licensed; 

givo  bond  for  .  .  ,  ,  . 

aDioun'i  of  tax  person,  firm,  company  or  corporation,  with  approved  security,  cove- 
jianting  to  pay  into  the  treasury,  at  the  end  of  the  license  year,  ten- 
per  centum  upon  the  net  profits  of  the  business  during  the  saia' 
license  year,  less  the  tax  of  one  per  centum  to  be  assessed  as  afore- 
said at  the  time  of,  and  to  be  paid  before  the  granting  of  said  license  x 
but  any  tax  on  the  capital  in'fested  in  the  trade  or  business  in  respect 
to  which  any  license  is  required  by  this  section,  shal?  be  deducted 
from  the  amoimt  of  tax  imposed  by  this  section,  and  the  residue  shall 

BMstewbere-  bc  the  tas  assessed  upou  sucli  license,    Tb.e  coumussioLftv  of  tM-^ 


FINANCIAL. — TAXES.  23. 

revenue  shall  return  all  such  obligatious  to  the  auditor  of  public  ac-  tnmed  to  audi 
count*,  within  thirty  days  after  they  may  be  executed,  and  for  failure 
so  to  do,  shall  forfeit  the  sum  of  five  hundred  dollars. 

75.  At  the  close  of  the  license  year  the  auditor  shall  proceed  how  forfeUurs 
against  the  parties  to  said  obligations,  in  the  circuit  court  of  Eich-  ^^^°''''^^ 
mond  city,  in  the  same  manner  as  provided  for  against  defaulting 
collectors  of  the  public  revenue,  and  shall  be  entitled  to  recover  the^ 
amount  of  the  tax  thereby  covenanted  to  be  paid  into  the  treasury 

a?  aforesaid. 

76.  The.  certificate  by  the  commissioner  of  the  revenue  of  the  tax  v,'hat  eonsti- 
to  be  paid,  and' that  the  obligation  required  in  the  eases  aforesaid  has  ^  '■"* 
been  duly  executed,  with  the  receipt  of  the  tax  by  the  collecting  offi- 
cer, shall  be  deemed  to  constitute  a  license  under  this  section. 

77.  If  any  person,  firm,  company  or  corporation   shall,  without  Penalty  for  fail- 
obtaining  the  license  hereby  req^uired,  carry  on  any  business  herein  uelMe"'''*^ 
mentioned,  the  commissioner  of  the  revenue  shall,  as  in  other  cases, 

assess  four  times  the  tax  prescribed  by  this  section  against  such  per- 
son, firm,  company  or  corporation. 

78.  The  auditor  shall,  for  good  cause  to  hiin  shown,  have  full  Auditor  to  r? 
power  to  reform  any  assessment  under  this  section,  and  to  require  a  mentJ"**^''"' 
new  obligation,  with  additional  security,  where  the  original  is  deemed 
insuflieient,  and  may  appoint  a  special  agent  to  make  a  new  assess- 
ment and  take  a  new  obligation ;  and  thereupon  the  original  assess- 
ment shall  be  set  aside,  and  the  license  granted  shall  cease.  , 

79.  If  the  commissioner  of  the  revenue  shall  make,  a  false  certifi-  Ponaitj- for  falsf 
cate,  or  take  an  insufiicient  obligation  in  the  cases  required,  he  and  commissionM 
his  sureties  shall  be  liable  for  all  loss  and  damage- therefrom  on  his 

official  bond,  and  the  recovery  against  him  shall  not  be  limited  by 
the  penalty  thereof:  provided,  that  no  person,  firm,  company  or  cor- 
poration engaged  in  any  business,  trade  or  calling  embraced  in  this 
section,  shall  be  taxed  under  the  section  of  this  act  imposing-  a  tax  of 
ten  per  centum  upon  net  income*  • 

General  peovisioks. 

Tax  on  corjjorations. 

80.  No  private  act  of  assembly  on  which  a  tax  is  imposed,  shall  Tax  on  corpora- 
be  published,  nor  any  copy  thereof  furnished  to  any  person,  until  *'°'^'' 

the  pairty  asking  and  requiring  the  same  shall  have  paid  into  the 
treasury  of  the  commonwealth  the  taxes  prescribed  by  law ;  and  it 
shall  be  the  duty  of  the  keeper  of  the  rolls  to  publish,  with  the  acts 
of  assembly  of  each  session,  all  acts  upon  which  the  tax  prescribed 
hy  law  has  been  paid  into  the  treasury  since  the  last  publication 
tihereoL 


24        ■  FINANCIAL.— TAXES, 


When  tax  tickets  to  he  made  out  hy  commissioners:       > 

•fax  ticketF,  81.   After  the  first  day  of  February  and  until  the  first  day  of  July 

in  each  year,  and  until  the  delivery  of  the  comniissiouer's  books  to>. 
the  sheriif  or  collector  of  any  county,  if  the  same  be  delivered  after 
the  first  day  of  July,  it  shall  be  lawful  and  the  duty  of  every  com- 
missioner of  the  revenue  to  make  out  tickets  showing  the  amount  of 
taxes  which  will  be  chargeable  on  liis  books  when  completed,  against 
any  per.'^ou  whom  he  has  reasonable  ground  to  suspect  is  about  to 
depart  from  his  county  before  the  first  day  of  July,  or  before  the  de- 
livery of  said  books  to  said  sheriff  or  collector.  Upon  the  delivery, 
of  such  tickets,  the  sheritf  or  collector  shall  be  authorized  to  make 
immediate  distress  for  the  taxes  therein  specified,  and  to  use  all  the 
remedies  for  the  collection  of  such  taxes,  as  are  now  given,  after  the 
■  first  day  of  July,  upon  the  delivery  of  the  commissioner's  books. 

•  Penalty  for  failure  to  obtain  license. 

Penalty  for  fail-  82.  Whenever  a  tax  is  imposed  by  law  on  a  license.to  engage  in 
nMa!i6°  ""^  any  business,  calling  or  profession,  it  shall  be  lawful  to  obtain  a 
.  license  as  in  similar  cases;  and  it  shall  be  unlawfnl  to  engage  in 
such  business,  calling  or  profession  without  obtaining  a  license  there- 
for. Any  person  who  shall  in  any  manner  violate  this  section,  or 
any  section  of  this  act  for  which  no  specifijc  fine  is  imposed,  shall  pay 
a  fine  of  not  less  than  twenty  nor  more  than  one  thousand  dollars 
for  each  offence. 

Limitation  of  license. 

Limitation  of       '  83.   No  license  shall  be  construed  to  grant  any  privilege  beyond 
-,iceD»e  ^^  county  or  corporation  wherein  it  is  granted,  unless  it  be  expressly 

authorized.      '* 

Where  licensed  vrivilege  to  he  exercised, 

^Viere  iicense  to      84.   Every  license  granting  authority  to  sell,  unless  the  license  be 
oe  exerciBed       specially  authorized  by  law  for  a  county  or  corporation,  shall  be  at 
some  specified  house  or  place  within  sueh  county  or  corporation. 

When -forms  for  tax  payers  to  he  furnished. 

When  forms  fnr-  8.5.  If  a  commissioner  of  the  revenue  shall  have  been  furnished 
nishedtax  pfiy-  y^\i\^  forms  for  tax  payers,  he  shall  distribute  the  same,  or  as  many 
as  may  be  furnished,  amongst  the  tax  payers  to  be  found  in  his  dis- 
trict, as  prescribed  by  the  sixty-fifth  section  of  chapter  thirt)^-fivo  of 
the  Code.  He  shall  require  answers  according  to  said  section,  and 
with  his  books  shall  transmit  said  forms  to  the  audftor  of  public  ac- 
counts, if  required  by  him;  and  the  auditor  may  furnisb  as  many 
such  forms  as  he  may  think  necessary. 

Market  value  of  stocks  to  he  taxed. 
stocks  taxed  at      86.   In  all  cases  where  this  act  imposes  ti  tax  on  any  public  bond^ 

market  value  • 


FINANCIAL. TAXES.  25 

including  the  bonds  of  incorporated  companies,  or  on  any  stock,  in 
lieu  of  a  tax  on  the  interest  or  profits  thereof,  the  commissioner  shall 
assess  the  cash  market  value  of  siich  bond  or  stock. 

When  double  tax  to  be  imposed. 

87.   Any  person  continuing  business  after  any  license  ol^tained  by  wfcen  aoTibie 
him  shall  have  expired,  Avithout  obtaining,  on  or  before  the  day  his  posed 
former  Ijcehse  so  expired,  a  license  for  the  succeeding  term,  shall 
be  assessed  with  twice  the  amount  of  tax  otherwise  imposed  on  such 
license. 

Deduction  from  commissioner^ s  compensation.     ■ 

88".   If  a  commissioner  §hal],  in  his  list  of  licenses  to  be  furnished  \\Tien  deduc- 

-.'  tions  from  com- 

to  the  auditor  oi  public  accounts,  charge,  or  extend  m  any  case  a  tax  missioner's  com- 
less  than  the  law  requires,  the  auditor  of  public  accounts  shall  de-  madT  ^^^ 
duct  the  amount  omitted  to  be  charged  or  extended,  from  the  com-  * 

pensation  of  the  commissioner;  and  to  enable  the  auditor' to  make  ~ 

an  examination  of  such  lists,  the  commissioner  shall  return  to  him  • 
with  his  return  of  licenses,  all  interrogatoiies  which  may  have  been 
propounded  by  him,  under  the  direction  of  the  auditor  of  public  ac- 
counts, and  answered. 

Slaves  and  similar  subjects,  how  taxed. 

89.  The  number  of  slaves  and  the  value  thereof  shall  be  listed  Slaves,  &c.  how 
by  the  commissioners,  and  taxed  according  to  their  value,  to  the 
hirer  or  person  in  possession  thereof  on  the  first  day  of  February. 
But  taxes  on  slaves  carried  away  or  escaping  from  the  owner  or  hirer 
to  the  public  enemy,  and  not  recovered,  may  be  exonerated  in  the 
same  manner  that  taxes  erroneously  assessed  may  be  exonerated; 
and  an  order  of  exoneration  shall  have  the  same  elFect,  in  all  respects, 
as  if  it  had  been  made  exonerating  or  refunding  taxes  erroneously 
assessed;  and  all  subjects  of  taxation  required  to  be  listed  under  the 
provisions  of  the  thirty-fifth  and  thirty-eighth  chapters  of  the  Code, 
and  not  specially  taxed  herein,  shall  be  listed  and  taxed  as  similar 
subjects,  according  to  the  forms  furnished  by  the  auditor  of  public 
accounts. 


90. 


Value  of  lands  and  lots  generally  not  to  be  changed. 

The  value  of  lands  ai^  lots,  as  ascertained  hy  the  assessment  vaine  of  lands 
made  under  the  tenth  chapter  of  the  Acts  of  eighteen  hundred  and  certain^s^slss^ 
fifty-five  and  eighteen- hundred  and  fifty-six,  passed  March  tenth,  ^^''^^l^^*  *°  ^* 
eighteen  hundred  and  fifty- six,  under  special  acts,  and  under  the 
thirty-fifth  chapter  of  the  Code,  in  respect  to  new  grants,  shall  be 
permanent  and  not  be  changed,  except  under  tlie  provisions  of  the 
said  thirty-fifth  chapter,  in  case  of  a  partition  or  conveyance;  and 
except  as  provided  by  this  act ;  and  the  auditor  of  public  accounts 
may  so  far  change  the  form  of  the  commissioner's  land  book  as  to 
show  in  one  column  the  value  of  lands  and  lots,  exclusive  of  buildings. 


26  ■  FINANCIAL. — TAXES. 


When  the  'value  of  lands  and  lots  may  he  changed. 

Commissioner  to  91.  And  inasmuch  as  many  tracts  of  land  and  lots,  with  improve- 
sessment  in  ments  thei'eon,  situate  in  counties  invaded  by  the  public  enemy,  have 
bv"war^  ^^^**  been  permanently  diminished  in  value  by  said  invasion,  and  despoiled 
and  reduced  in  value  by  military  occupation,  and  by  the  waste  and 
violence  incident  to  war,  it  shall  be  the  duty  of  the  commissioners  of 
the  revenue  for  such  counties,  upon  the  requisition  of  the  owner  of 
■  any  real  property  situate  in  such  counties,  or  of  his  agent,  to  make 
9-  new  assessment  of  such  real  property,  upon  the  following  basiis  and 
Basis  of  new  as- mode  of  valuation,  viz:  The  commissioner  shall  deduct  from  the 
amount  at  which  such  property  stands  assessed  at  its  last  assessment, 
such  sum  as  is  equal  to  a  fair  estimate  of  the  permanent  diminution 
in  the  value  thereof,  csifsed  by  the  invasion  of  such  county,  and  of 
the  permanent  injury  and  damage  inflicted  upon  such  property  by 
military  occupation  thereof,  and  the  waste  and  violence  incident  to 
war.  In  making  which  estimate,  he  shall  appraise  and  fix  the  amount 
of  such  permanent  diminution,  injury  and  damage,  according  to  what 
would  have  been  the  standard  and  rate  of  valuation  thereof,  if  such 
permanent  diminution,  injury  and  damage  had  been  estimated  during 
the  year  eighteen  hundred  and  fifty-six  ;  and  the  remainder  left,  after 
deducti'iig  the  diminution,  damage  and  injury  thus  estimated,  shall 
be  the  valuation  at  which  such  property  shall  be  assessed  by  the 
commissioner.  * 

Redress  against  neiv  assessments. 

R|(iress  against       92.   Any  person  feeling  himself  aggrieved  by  such  new  assessment, 
sessment"^^  ^^  i^ifiy  ^VV^J  ^^  *^^  court  of  the  county  or  corporation  in  which  such 
property  is  situate,  for  a  review  of  such  assessment,  at  the  June  or 
July  term  of  said  court  succeeding  the  period  of  said  assessment : 
provided  ten  days'  previous  notice  of  such  application  be  given  to 
Case  may  be       the  commissioner ;  and  if  from  any  cause  the  court  cannot,  in  justice 
three  terms        to  the  commonwealth  or  to  the  applicant,  adjudge  the  matter  of  com- 
plaint during  the  first  term  at  which  such  application  is  made,  the 
same  may  be  continued  for  a  period  not  exceeding  the  three  terms 
next  occurring.    If  the  court,  upon  considering  such  application,  and 
the  evidence  adduced  by  the  applicant  or  commissio.ner,  shall  deem 
thp  assessment  made  to  b.e  erroneous,  it  maj'  declare  what  will  be  a 
Howcommis-  '  just  assessment  upon  the  mode  of  vacation  above  prescribed ;  and 

sioner  to  correct  ,,  .     .  ^     -n    ,^  ,    ,^  ^  i      i 

his  books.  the  commissioner  shall  thereupon  correct  tiie  assessment  made  by 


him,  and  assess  such  property  on  his  books  at  the  valuation  so  .ad- 
judged by  the  court. 

When  agricultural  j)roduclions  are  to  he. taxed. 

When  agricnltn-      93.-  Agricultural  productions  of  this  state,  and  provisions  in  the 

provision^ ex^"^   hauds  of  the  producer,  including  pork,  bacon,  beef,  poultry,  fish,  and 

fmpt  from  tax    ^||  ^^.j^^j  meats,  butter,  lard,  eggs  and  such  like  marketing,  and  in 

the  hands  of  those  who  have  purchased  the  same  Jor  the  use  of  their 


FIJiTAKrCIAL.- — TAXES*  2T 

own  household,  and  not  for  sale,  and  goods  and  materials  manufac- 
tured in  this  state,  except  ardent  spirits,  porter,  ale  and  beer,  shall 
be  exempt  from  taxation  as  property  while  remaining  in  the  hands 
of  the  producer  or  manufacturer,  and  while  such  agricultural  pro- 
ductions and  provisions,  specified  as  aforesaid,  are  held  as  aforesaid. 
Such  production,  provisions  and  manufactured  ai'tjcles  may  also  be 
sold  by  the  producer  or  manufacturer  without  a  license  tax ;  but  wiien  subject  iS 
when  once  sold  (with  the  exception  nartied  in  this  section)  they  shall 
be  su'oject  to  a  tax  as  other  property,  and  to  a  license  tax  when  there- 
after soldi     To  give  effect  to  this  section,  chapter  first,  entitled  an  Revenue  and 
act  for  the  assessment  of  taxes  on  persons  and  property,  passed  March  stiuea 
thirtieth,  eighteen  hundred  and  sixty,  and  chapter  second,  entitled  an 
act  making  general  regulations  concerning  licenses,  passed  March 
thirtieth,  eighteen  Imhdred  and  sixty,'  in  cases  where  said  chapters 
might  be  otherwise  construed,  shall  be  construed  according  to  the 
provisions  of  this  section :  provided,  that  no  person  shall  be  required 
to  take  out  a  license  or  pay  any  tax  for  the  privilege  of  buying  his  - 
neighbor's  produce  to  take  out  of  the  county  in  his  own  vessel  or 
other  conveyance,  to  market,  or  for  selling  the  same. 

Domestic  manufactures,  how  taxed. 

94.  Merchant  tailors  and  all  other  persons  manufacturing  any  pro-  Howtaxonsaii-.? 
duction  or  material,  except  ardent  spirits,  porter,  ale  and  beer,  the  ors  and  others 
sale  of  which  material  would  be  prohibited  without  a  license,  shall  appertained 
only  be  charged  so  much  tax  on'  the  sales  as  the  value  of  the  mate- 
rial sold  would  bear  to  the  whole  value  of  the  manufactured  articles;         | 

to  be  ascertained  upon  the  oath  of  the  person,  as  in  other  cases. 

Licenses,  how  granted ;  prohihilicn  of  the  sale  of  ardent  spirits,  t^r. 

95.  A  license  to  manufacture  porter,  ale  and  beer,  or  either  of  how  license  t.> 
them,  may  be  granted  by  the  commissioner  of  the  revenue,  as  in  miit  liquors 
other  cases,  without  any  previous  certificate*  or  order  of  the  court;  S!"anted 

but  a  license  to  sell  the  same,  or  any  of  them,  and  the  privilege  of 

selling  ardent  spirits,  shall  only  be  granted  upon  the  certificate  of  the 

county  or  corporation  court,  that  the  person  to  be  licensed  is  sober 

and  of  good  character.     But  if  the  person  shall  have  commenced  or  Liability  of  per 

continued  the  sale  of  ardent  spirits,  without  making  application  for  ^iJhout  Ucens? 

such  license :  in  the  former  case,  he  s6all  be  assessed  four  times,  and 

in  the  latter,  twice  the  amount  of  taxes  otherwise  imposed  for  a  year; 

which  shall  in  no  ease  be  refunded  to  him,  unless  under  proceedings 

provided  for  by  chapter  twenty-nine  of  the  Acts  of  eighteen  hundred. 

and  sixty-one,  such  assessment  is  pronounced  erroneous  by  the  court. 

Effect  of  the  change  of  the  name  of  a  firm. 

96.  No  change  in  the  name  of  any  firm  of  merchants,  ccmmis-  what  not  con 
sion  merchants,  sample  merchants,  merchant  tailors,  auctioneers,  or  mencingbTisj. 
any  other  persons  who  are  taxed  upon  the  amount  of  business  or  "'^'' 

sales  of  the  preceding  year,  nor  the  taking  into  the  firm  of  a  new 


28 


FINANCIAL. TAXES. 


eoUection,  how 
sillowed 


partner,  nor  the  withdrawal  of  one  or  more  of  the  firm,  shall  be  con- 
sidered as  commencing,  so  as  to  allow,  on  that  account,  the  paj-ment 
only  of  the  specific  tax  imposed  by  law  for  the  privilege  granted ;  but 
if  any  one  of  the  parties  remain  in  the  firm,  either  as  a  general  or 
special  partner,  or  otherwise,  in  interest,  to  be  ascertained  upon  the 
oath  of  the  party,  to  whom  the  license  is  granted,  the  business  shall 
be  regarded  as  continuing. 

Insolvents,  how  collected.  , 

List  of  insoi-  97.   A  copy  of  CYcry  list  of  insolvents,  whether  of  persons,  per- 

out  for  eoUec-     sonal  property,  licenses  or  militia  fines,  whether  allowed  by  any  court 
*''"*  or  board,  or  by  the  auditor  of  pubhc  accounts,  under  ordinance  num- 

ber seventy-two  of  the  convention,  entitled  an  ordinance  for  the 
relief  of  sherifi"s  of  certain  counties,  passed  June  twenty- eighth, 
eighteen  hundred  and  sixty-one,  shall  in  his  discretion,  as  soon  as 
practicable,  be  placed  by  the  auditor  of  public  accounts  in  the  hands 
of  any  sheriff,  collector  or  constable  of  any  county  or  corporation  for 
collection.  Such  -sherift",  collector  or  constable  shall  receive  and 
receipt  for  the  same,  and  shall  make  i-eturn  of  delinquents  thereon 
within  one  j'ear  from  their  receipt,  iu  the  same  manner  and  under 
the  same  regulations  as  are  prescribed  for  the  return  of  other  delin- 
Commissions  for  qucnt  taxes.  The  amount  appearing  due  after  such  return  of  delin- 
quents, and  the  allowance  of  such  commissions  as  may  have  been 
prescribed  by  the  governor,  shall  be  paid  into  the  treasury  within 
one  year  from  the  time  such  copy  of  such  delinquents  may  h|ive  been 
received  by  such  sheriff  or  other  officer.  When  such  copies  are  re- 
ceived by  such  officer,  he  shall  have  the  same  powers  of  distress  and 
other  remedies  for  the  collection  of  the  amount  appealing  due  there- 
by, as  are  allowed  to  sheriffs  for  the  collection  of  taxes.  Any  officer 
failing  or  refusing  to  receive  and  execute  a  proper  receipt  for  any 
such  copy  of  delinquents,  shall  forfeit  not  less  than  one  hundred  nor 
more  than  five  hundred  dollars. 

License  to  a  sutler  or  other  person  to  sell  goods,  ^r.,  icithin  or  near 
to  a  inilitary  encampment. 

98.  No  license  shall  be  granted  to  a  sutler  or  other  person  to  sell 
goods,  wares  and  merchandise  or  other  thing,  within  or  near  to  a  mili- 
tary post  or  encampment,  unless  the  person  desiring  such  license 
shall  produce  to  the  court  or  to  the  counnissioner  of  the  revenue,  as 
may'  be  required  b}^  law,  a  certificate  of  the  commander  of  such  post 
or  encampment,. approving  of  the  issuing  of  a  license  to  such  sutler 
or  other  person;  and  any  sutler  or  other  person  so  selling  without  a 
license  at  such  places,  shall  be  subject  to  all  the  penalties  and  lia- 
bilities imposed  upon  merchants  and  other  persons  selling  without  a 
license :  provided,  however,  that  no  license  shall  be  required  of  per- 
sons selling  provisions  only  to  the  army. 

License  to  a  merchant  who  is  a  hesinner. 


Penalty  on  offi- 
cers for  failing 
to  receive  and 
receipt 


J^icense  to  sut- 
iers 


When  licensG  to       99.    A  license  to  a  merchant  who  is  a  beginner,  shalV  pp<?cify  the 


FINANCIAL.— TAXES.  29 

value  of  goods  to  be  sold  hj  sucli  mercliant;  and  when  goods  to  the  mercbants  who 

value  specified  have  been  sold,  the  license  thereafter  shall  be  deemed  void 

to  be  void;  and  if  such  merchant  fail  to  apply  to  a  commissioner  of     ■ 

the  revenue  for  a  new  assessment  and  new  license,  and  continue  in 

business  after  his  license  is  deemed  to  be  void  as  aforesaid,  he  shall 

forfeit  to  the  commonwealth,  for  the  benefit  of  the  general  treasury, 

not  less  than  one  hundred  nor  more  than  two  thousand  dollars. 

Popiiladoii  of  counties,  cities  and  toivns,  hoio  estimated. 

*100.   In  all  cases  where  the  population  of  any  county,  city  or  town  How  population 
is  a  data  for  estimating  the  taxes  imposed  by  law  for  the  exercise  of  to  bo  estimate-i 
any  privilege  therein,  or  for  any  other  purpose,  the  commissioner, 
after  ascertaining  the  actual  number  of  slaves  assessed,  shall  assume 
that  the  white  and  free  negro  population  is  "five  and  a  half  times  the 
number  of  white  persons  and  free  negroes  of  and  over  the  age  of 
twenty-one  years.     The  actual  number  of  slaves  as  ascertained,  and         *' 
the  estimate  of  the  Avhite  and  free  negro  population,  made  as  afore- 
said, shall  constitute  the  population  for  the  purposes  aforesaid. 

Banks,  insnrance  and   other  companies,  when   and   what   to   report 
to  auditor  of  public  accounts. 

101.  Eanlis,  savings  banks,  insurance  companies,  express  compa-  Baukp,  insu 
nies,  rail  road  companies,  and  all  other  companies  which  by  law  are  nics,  &c.  -^hen 
required  to  make  a  report  to  the  auditor  of- public  accounts,  and  also  port  To  auditor 
all  such  companies,  firms  and 'persons  engaged  in  manufacturing  or 

working  in  cotton,  woolen  or  iron,  or  any  other  agricultural  or  mine- 
ral products,  shall,  as  soon  after  the  first  day  of  July  in  each  year 
as  may  be,  make  report  to  the  said  auditor  of  the  amount  of  capital 
employed  by  such  company;  the  capital  stock  actually  paid  in,  if  an 
incorporated  company;  the  gross  income  received  and  contracted  to 
be  received  during  the  preceding  year  ending  on  the  thirtieth  day  of 
June;  the  salaries  and  other  compensation  paid  to. the  officers  and 
employees  receiving  compensation  in  the  nature  of  a  salary,  together 
with  their  names;  the  number  of  persons  employed  as  laborers;  the 
slaves,  and  the  aggregate  amount  of  hire  paid  therefor,  assuming 
the  total  number  to  be  equal  to  the^verage  number  in  the  year.  If 
the  company  be  a  work  of  internal  improvement,  the  report  shall 
also  show  the  length  of  the  work  and  the  cost  of  construction.  From 
such  reports  the  auditor  shall  condense  the  same  into  a  report  to  the 
general  assembly.  Any  such  bank,  company  or  firm  failing  for  one  penalty  for  f^n- 
month  to  make  such  report,  shall  forfeit  not  less  than  five  hundred  ""^  *°  "'p^" 
dollars  nor  more  than  five  thousand  dollars ;  to  be  recovered  in  the 
circuit  court  of  the  city  of  Eichmond,  upon  the  motion  of  the  auditor 
of  public  accounts. 

Personal  property  exempt  from  taxation. 

102.  The  forty-third  section  of  chapter  thirty-five  of  the  Code  (edi- 
tion of  eighteen  hundred  and  sixty)  is  hereby  amended  and  re-enacted 
80  as  to  read  as  follows : 


m         ■  MNANCUL.— TAXES.       " 

Personal  pro-  "  ^  43.   AH  personal  property  described  in  this  section,  and  to  the 

lroj/taxa™on     extent  herein  limited,  shall  be  exempt  from  taxation,  that  is  to  say  t 

The  household  and  kitchen  furniture  used  in  a  licensed  ordinary^ 
house  of  entertainment  or  private  boarding  house,  and  bdonging  to 
the  keeper  thereof,  the  value  whereof  has  been  included  in  such 
license  tax. 

All  books,  apparatus  and   furniture   belonging  to  colleges,  free 

schools  and  incorporated  academies,  and  used  for  college  or  school 

purposes;  to  the  university  of  Virginia ;  to  the  Virginia  military  i*' 

.  stitute ;  to  the  institution  for  the  education  of  the  deaf  and  dumb  and 

the  blind;  and  to  the  lunatic  asylums. 

And  all  personal  property  belonging  to  orphan  asylums,  overseers 
of  the  poor,  and  exclusively  to  the  commonwealth. 

All  fire  engines  or  other  implements  for  the  extinguishment  of 
Sres. 

All  books,  family  portraits  and  pictures,  and  the  wearing  apparel 
of  every  person  and  family,  except  watches  and  jewelry. 

All  agricultural  productions  of  this  state  in  the  hands  of  the 
producer. 

All  mineral  productions  of  this  state  in  the  hands  of  the  producer 
*         or  miner. 

All  felled  wood  or  timber  in  the  hands  of  the  person,  owning,  rent* 
!ng  or  leasing  the  land  where  the  same  was  grown* 

All  plantations  of  oysters  and  fisheries.  . 

All  capital  invested  in  any  trade  or  business  for  the  prosecution  of 
which  a  license  is  required. 

All  farming  implements  actually  used  for  farming  purposes,  except 
road  wagons,  or  wagons  used  principally  for  other  than  farming 
purposes. 

All  mechanics'  tools  used  on  any  farm,  or  by  any  person  actually 
engaged  in  any  trade,  occupation  or  profession." 

Sheriffs^  CGmmissions  on  taxes  other  than  license  taxes. 

103.  The  twenty-second  section  of  chapter  thirty-six  of  the  Code 
(edition  of  eighteen  hundred  and  sixty)  is  hereby  amended  and  re- 
enacted  so,  as  to  read  as  follows  : 

CommiBBions  for      "  §  23.  Evcry  sheriff  or  collector  shall  be  allowed  a  commission  of 
taxes  two  per  centum  on  the  amount  of  taxes,  other  than  license  taxes, 

with  which  he  is  chargeable  ;  and  if  he  shall  punctually  pay  the  same 
into  the  treasury  within  the  time  required  ])y  law,  he  shall  be  allowed 
an  additional  commission  of  three  per  centum.  But  when  the  taxea 
with  which  he  is  chargeable  exceed  sixty  thousand  dollars,  and  do  • 
not  exceed  one  hundred  thousand  dollars,  the  commission  on  the 
excess  shall  be  only  one  per  centum ;  and  if  he  shall  puuctuallj'  pay 
the  same  into  the  treasury  within  the  time  required  by-law,  he  shall 
be  allowed  an  additional  commission  of  two  per  centum  on  such  ex- 
oesB ;  and  if  the  taxes  with  which  he  is  chargeable  shall  exceed  one 


FINANCIAL.— T4.XES.   ..  31 

hundred  thousand  dollars,  the  commission  on  the  excess  over  said 
sum  shall  be  only  one-half  of  one  per  centum;  and  if  he  shall  punc- 
tually pay  the  same  into  the  treasury  within  the  time  required  by 
law,  he  shall  be  allowed  an  additional  commission  of  one  per  eeutimi 
on^e  excess  over  one  hundred  thousand  dollars." 

Commissioner'' 8  compensaiion  other  than  ftes> 

104.  The  ninety-fifth  section  of  chapter  thirty-five  of  the  Code 
(edition  of  eighteen  hundred  and  sixty)  is  hereby  amended  and  re- 
enacted  so  as  to  read  as  follows : 

"§  95.  Every  commissioner  of  the  revenue  shall  be  enticed  to  Commissions  for 
receive,  in  consideration  of  his  services,  to  be  paid  on  or  before  the 
first  day  of  September,  out  of  the  treasury,  upon  the  warrant  of  the 
auditor  of  public  accounts,  a  commission  of  one  and  one-half  per 
centum  on  the  amount  of  taxes  lawfully  assessed  by  him  on  pei'sona 
and  property  within  the  preceding  twelve  months.  But  where  the 
taxes  on  persons  and  property  assessed  in  any  district  in  a  county 
exceed  twenty  thousand  dollars,  the  commission  allowed  on  the  ex- 
cess shall  be  only  three-fourths  of  one  per  centum;  and  where  the 
said  taxes  assessed  in  any  district  in  a  town  or  city  exceed  sixteen 
thousand  dollars,  the  commission  allowed  on  the  excess  shall  be  only 
one-half  of  one  per  centum." 

luist  for  slienffs',  auditor  and  clerk  of  court ;  commissioner's  fees,  hy 
whom  payable. 

105.  The  forty-seventh  section  of  chapter  thirty-eight  of  the  Code 
(edition  of  eighteen  hundred  and  sixty)  is  hereby  amended  and  re- 
enacted  so  as  to  read  as  follows : 

"  §  47.   After  the  commissioner  of  the  revenue  shall  have  assessed  Lists  of  lisensea 
all  persons  required  by  law  to  obtain  licenses,  he  shall  make  a  fair  ^^^^  ^ 
classified  list  thereof,  as  far  as  he  may  have  progressed  with  the  same, 
^  at  intervals  not  exceeding  fifteen  days,  and  ^deliver  such  lists  to  the 
sheriff  or  other  collector  of  the  revenue,  for  his  guide  in  collecting 
the  taxes  imposed  by  law  on  such  licenses.     He  shall  return  to  the  "wiien  to  bs  re 
auditor  of  public  accounts  and  to  the'clerk  of  the  court  of  the  county  tor 
or  corporation  a  list  of  all'such  licenses;  that  is  to  say,  a  list  of  such 
as  are  granted  on  or  after  the  first  day  of  September  and. before  the 
first  day  of  May  following,  shall  be  returned  on  or  before  the  tenth 
day  of  the  said  month  of  May ;  and  a  list  of  such  as  are  granted  on 
or  after  the  first  day  of  May  and  before  the  first  day  of  September 
following,  shall  be  returned  immediately  after  the  first  day  of  Sep- 
tember.    Such  lists  shall  specify  the  date  of  eaffh  license,  for  what  it 
was  granted,  the  n£^me  of  the  person  to  whom  granted,  the  amount 
of*the  tax,  to  whom  paid,  and  the  data  upon  which  the  tax  was  as- 
sessed.    For  every  certificate  delivered  by  a  commissioner  t»  a  per-  Fee  for  certifi 
son  desiring,  or  who  ought  to  obtain  a  license,  the  commissioner  shall 
be  entitled  to  a  fee  of  one  dollar  for  each  license,  unless  such  license 


32  .  FINANCIAL. — TAXES. 

be  refused  by  tlie  court ;  ^vliich  fees  shall  be  paid  to  him  by  the  person 
to  whom  the  license  shall  be  granted." 

Commissions  to  sheriffs  and  collectors. 

106.  The  fifty-sixth  section  of  chapter  thirty-eight  of  the  OlQe 
(edition  of  eighteen  hundred  and  sixty)  is  hereby  amended  and  re- 
enacted  so  as  to  read  as  follows  : 

Commi'<aions  for  "§  56.  Every  sheriff,  or  person  receiving  taxes  on  licenses  tinder 
tax       "  this  chapter,  shall  be  allowed  a  commission  of  one  per  centum  for 

their  collection  on  the  first  five  thousand  dollars,  and  one-half  of  one 
per  centum  upon  any  excess  over  that  sum ;  and  if  he  shall  ^punctually 
pay  the  same  into  the  treasury  within  the  time  prescribed  by  law,  he 
shall  be  allowed  an  additional  compensation  of  one  per  centum  on 
the  first  five  thousand  dollars,  arid  one-half  of  one  per  centum  on 
any  excess  over  that  sum." 

Penalties,  hoio  recoverahle. 

107.  The  fifty-ninth  section  of  chapter  thirty-eight  of  the  Code  of 
Virginia  (edition  of  eighteen  hundred  and  sixty)  is  hereby  amend(?d 
and  re-enacted  so  as  to  read  as  follows  : 

SuitR  to  recover  "  §  59.  Such  actiou  of  debt  may  be  instituted  at  any  time  within 
and  how  irst'i™  ^^^  years  after  the  offence  was  committed,  and  shall  be  for  the  maxi- 
tuted  mum  penalty  prescribed,  and  for  each  violation  of  any  of  the  laws 

and  prohibitions  contained  in  this  act  or  the  thirty-eighth  chapter  of 
Forrtiofpro-  the  Codc  of  Virginia  (edition  of  eighteen  hundred  and  sixty).  In 
eeedings  ^^^  action  of  debt,  bail  shall  be  required  as  a  matter  of  right;  and 

if  deemed  necessary,  an  attachment  may  issue  without  the  affidavit 
.and  bond  required  in  other,  case^,  either  'before  the  institution  of  a 
suit  or  during  the  pendency  of  the  same.     A  declaration  shall  be 
filed,  but  no  orders  or  pleadings  at  rules  shall  be  necessary,  and  no 
exceptions  shall  be  allowed  to  the  declaration  for  any  defect  or  want 
of  form.     If  the  offence  is  not  sufficiently  stated,  the  court  shall  re- 
quire, under  -such  rules  as  it  may  adopt  at  any  time  before  a  verdict 
•   may  be  rendered  thereon,  a  full  and  explicit  statement  of  the  offence. 
In  all  such  proceedings  the  eouft  shall  render  judgment  according 
wien  defendant  to  the  Very  right  of  the  case.     In  case  the  defendant  be  arrested  and 
^vTblrndf^Yis  ii  custody  for  want  of  bail,  he  may,  at  the  time  of  arrest,  or  at  any 
appearance         time  before  a  judgment  be  rendered  in  the  action,  give  bond  with 
sufficient  security,  in  a  penalty  equal  to  the  penalty  sued  for,  to  the 
ofiicer  making  the  arrest,  or  to  the  clerk  of  the  court  wherein  the 
action  was  instituted.     Such  boiid  shall  be  payable  to  the  common- 
wealth, and  shall  be  conditioned  for  the  appearance  of  the  party  to 
answer  the  action,  and  to  abide  by  and  satisfy  t]^e  judgment  of  the 
court.     Upon  the  execution  of  such  boVid  the  defendant  shall  be  di»- 
WTiero  boud       charged  from  custody.     The  bond  shall  be -returned  to  and  filed  with 
^^^^  the  clerk  in  the  papers  of  said  action.     No  officer  shall  be  entitled  to 

the  payment  of  any  fees  out  of  the  treasury  for  services  rendered  in 


FINANCIAL. — TAXES. 


any  prQceetlings  herein  authorized.     In  all  cases  of  conviction  under  Fee  of  attorney 
^his  act,  a  fee  of  ten  dollars  to  the  comraon-",yealtli's  attorney  shall  be  ■n-ea!t™™°'^  ^ 
taxed  in  the  bill  of  costs."- 

Deputies  of  colleciors  may  he  apjyobited. 

108.  Whenever  the  auditor  of  public  accounts  shall  hereafter  ap-  when  and  how 
point  a  collector  of  taxes  yuder  the  ordinance  of  the  Virginia  con- appoint  deputiei 
vention,  number  sixty-five,  entitled  an  ordinance  providing  for  the 
appointment  of  the  commissioners  of  the  revenue  and  collectors  of 

taxes  in  certain  cases,  and  providing  for  the  absence  of  the  auditor 
of  public  accounts,  passed  June  twenty-sixth,  eighteen  hundred  and 
sixty-one,  it  shall  be  lavpful  for  such  collector  to  appoint  deputies  in 
the  same  manner,  that  deputy  sherilis  are  by  law  appointed,  who  shall 
possess  all  the  powers  which  are  now  exercised  or  possessed  by  de- 
puty sheriffs  in  the  collection  of  taxes,  militia  fines,  county  levies 
and  poor  rates,  and  shall  be  subject  to  the  same  liabilities  and  restric- 
tions which  appertain  to  deputy  sheriffs,  and  the  principal  shall  be 
liable  for  his  official  acts  as.«uch,  and  such  deputy  collector  shall  be 
a  resident  of  the  county  for  which  he  is  appointed. 

Confederate  treasury  notes  receivable  in  payment  of  taxes. 

109.  The  act  entitled  an  act  authorizing  the  receipt  of  Confede- 
rate States  treasury  notes  in  payment  of  taxes  and  other  public  dues, 
passed  March  twenty-second,  eighteen  hundred  and  sixty-two,  shall 
be  and  the  same  is  hereby  amended  and  re-enacted  so  as  to  read  as 
follows; 

"Confederate  States  non-interest  bearing  notes  of  the  denoniina- Whatconfedc- 
tion  of,  or  over  five  dollars,  dated  and  issued  on  and  after  the  first  ceiva'we^tbr 
day  of  April  eighteen  hundred  and  sixty-three,  shall  hereafter  be  re-  *^"'^*"' 
ceivable  in  payment  of  taxes  and  other  public  dues  to  the  state." 

110.  The  auditor  of  public  accounts  shall  cause  the  preceding  preceding  see- 
section  to  be  published  in  at  least  five  newspapers  in  the  city  of  ushed" '^"^ '*"'' 
Richmond,  and  in  the  papers  of  the  cities  of  Lynchburg  and  Peters-  " 

burg,  and  in  the  towns  of  Danville,  Staunton  and  Wytheville,  for  at 
least  four  weeks. 

Wiien  taxes  may  he  distrained  for.  % 

111.  The  fourth  section  of  chapter  thirty-six  of  the  Code  (edition  ^ 
of  eighteen  hundred  and  sixty)  shall  be  and  the  same  is  hereby 

amended  and  re-enacted  so  as  to  read  as  follows : 

"§  4.  No  distress  shall  be  made  for  taxes  or  levies,  where  the  she-  when  taxes  not 
riff  or  collector  has  had  more  than  two  years  to  collect  the  same,  \l^'^  distrained 
unless  it  be  for  taxes  returned  delinquent,  and  sent  out  by  tlie  au- 
ditor for  collection,  as  provided  by  law.  But  a  sheriff  or  collector  of -when  taxes  mav 
a  former  term,  may,  notwithstanding  the  expiration  of  his  term  of  ^° '^'*^'"®™^'^  ^*"' 
office,  by  himself  or  by  his  deputies,  have  the  same  powers  of  dis- 
3 


34 


FINANCIAL. TAXES. — ■APPEOPRIATIONS. 


tres3  and  sal«  as  he  possessed  before  said  term  expired ;  and  wliicll 
right  of  distress  and  sale  shall  continue  for 'the  term  of  two  years 
from  the  time  such  right  first  accrued ;  hut  no  deputy  shall  he  per- 
mitted to  qualify  for  sucli  collections  after  the  principal's  office  haa 
expired.  And  it  shall  he  lawful  for  a  sheriff  or  collector  to  receipt 
for,  and  collect  hy  distress,  within  said  two  years,  any  taxes  or  fees 
UabiUty  of  she-  remaining  unpaid  to  his  predecessor.  Such  sheriff  shall  he  liable  to 
his  predecessor,  or  his  personal  representative,  for  the  taxes  and  fees 
collected,  in  the  same  manner  he  is  liable  for  clerks'  fees  collected 
by  him." 

Commissioners  to  ascertain  the  nuinber,  Sfc.  of  all  slaves  that  escape 
to   the  enemy. 

112.  Commissioners  of  the  revenue  for  each  district,  in  taking 
lists  of  the  personal  property  in  the  several  counties,  cities  and  towns 
of  this  commonwealth,  shall  enquire  into  and  ascertain,  as  far  as 
practicable,  the- number  of  all  slaves  that  have  escaped  to  tho  enemy 
during  this  war,  and  have  not  been  reccvered,  and  make  a  return  of 
such  lists  to  the  auditor  of  public  accounts,  with  the  names,  sexes 
and  ages  of  such  slaves,  and  the  names  of  the  owners  thereof;  to  be 
filed  and  preserved  in  the  office  of  eaid  auditor. 

113.  That  no  license  under  this  act  shall  be  issued  to  any  alien, 
except  as  provided  in  the  act  passed  March  thirty-one,  eighteen  hun- 
dred and  sixty-two,  entitled  an  act  defining  the  persons  who  may 
obtain  license,  and  except  as  to  such  aliens  as  shall  not,  on  account 
of  being  aliens,  have  claimed  exemption  from  service  in  the  army  of 
the  Confederate  States :  and  no  alien  who  has  claimed  exemption  as 
such,  from  service  in  the  army  of  the  Confederate  States,  shall  act 
PiS  an  agent  for  any  citizen  of  this  state  licensed  under  this  act. 


Lists  of  slaves 
escaping'  to 
snemy 


So  license  to 
Iggno  to  alieng 
Bxception 


Repealing  clause.  . 

Repealing  clause  114.  Chapter  one,  entitled  an  act  imposing  taxes  for  the  support 
of  government,  passed  March  twenty-seventh,  eighteen  hundred  and 
sixty-two,  shall  be  and  the  same  is  hereby  repealed,  so  far  as  the 
same  is  not  herein  before  re-enacted. 

Commencoment       115.   This  act  shall  be  in  force  from  its  passage. 


Taxes  appro- 
priated 


Chav.  2- — An  ACT  appropriating  the  Public  Revenue  for  the  fiscal  yeaf 

1862-3. 

,  Passed  March  28,  1863. 

1.  Be  it  enacted  by  the  general  assembly,  that  the  public  taxes 
and  arrears  of,  taxes  due  prior  to  the  fi^t  day  of  October  eighteen 
hundred  and  sixty-three,  and'  not  otherwise  appropriated  by  law, 
which  shall  come  into  the  treasury  prior  to  the  first  day  of  October 


S'lNAKCIAL.— 'AP^KOPRIATIONS,  .  •     ^ 

■^Lf^liteen  luitidred  and  sixty-three,  shall  constitute  a  gonoral  fund, 
^nd  be  appropriated  for  the  fiscal  yi^ar  to  close  on  the  thirtieth  day 
of  Sisptember  eighteen  hundred  and  sixty-three,  as  follows,  videlicet : 

To  pay  the  salary  of  the  secretary  to  tlio  commissioners  of  the  Salary  of  clerk 

,    ,  .         .       T      ,  ,'       T      T    T   ,,  '  of  sinking  fuad 

•sifikmg  lund,  three  hundred  dollars. 

'  To  pay  the  per  xliem,  miieage,  and  other  expenses  of  the  g-eneral  Cxenerai  assem- 

Jissembly,  incurred  in  thesession  of  September  eighteen  hundred  and    -' 

sixty -two,  forty-two  thousand  doMars. 

To  ;pay  the  pci-  diem,  ivilerige,  and  other  expense?  of  the  general  General  aesem- 
assemljly,  incurred  in  the  same  session,  in  October  eighteen  hundred    ^ 
and  sixty-two,  and  the  session  commencing  in  JamsOTy  eighteen  hun- 
dred and  sixty-tljree,  sixty-five  tliousand  dollars. 

To  pay  exfonses  of  companng  polls  in  sundry  eleetioRs,  one  thou-  E!--(io:;.i 
sand  dollars. 

Te  pay  salaries  and  mileage  of  judges  and  other  oflicers  of  the  j-j.dgea 
fivil 'government,  one  hundred  andeleveu  thousand  dollars^ 

Te  pay  fos  arrest  and  support  of  prisoners,  pay  ef  jurors,  witnesses,  Pneonora, 
"fcc,  as  provided  by  law,  sixty  thousand  dollarr?. 

To  pay  for  slaves  condemned  and  executed,  or  sentenced  to  or  re-  siavos  ?ou 
prieved  for  siale  and  transportation,  twenty-five  thousand  dollars. 

To  pay  expenses  for  bringing  coodcmned  slaves  to  j^)enitentiar3',  Expenses  of,  to 
eight  hundred  dollars.  ^^'^       ''^'^ 

To  pay  Jcseph  W.  Hancock,  a  judgment  for  tbe  value  of  his  fe-  J.  w.  iiancook 
ms}e  slave  named  Amanda,  sentenced  by  the  judgment  of  the  county 
,«ourt  of  Chesterfield  to  sale  and  transportation,  se\"on  hundred  and 
kiiaety  i^ollai-s. 

To  pay  for  subsistence  and  other  supplies  for  the  support  of  con-  Convfcts,  &o 
Victs  and  transports  in  the  penitentiary,  fifty  thousand  dollars. 

To  pay  mileage  te  oflicers  and  guards,  and  expenses  of  convicts.  Mileage  to  off. 
In  transportmg  convicts  from  the  place  of  conviction  to  the  peniten-  "  °  ""'^  ' 
tiary,  five  thousami  dollars. 

To  pay  the  salary  of  the  superintendent  of  the  penitentiary,  his  Penitentiary 
■assistant  keepers,  clerk,  surgeon,  and  'allowance  to  directors,  eight 
thousand  dollars. 

To  pay  for  printing  i-ecords  x?f  the  court  of  appeals  and  district  Records  court  c? 
courts,  four  thousand  dollars. 

To  pay  contingent  espenses  of  courts,  sheriffs,  clerks  and  other  Contingent  ex- 
officers  of  the  courts,  fuel,  stationery,  «Stc.,  twenty  thousand  doflars.  ^^'"^^^  °  conns 

To  pay  the  expense  of  the  militia  establishment,  to  brigade  inspec-  Miutia. 
tors,  a<ljutants,  clerks,  musicians,  &c.,  ten  thousand  dollars. 

To  pay  the  salary  of  the  ac^utant  general  and  his  clerk,  three  thou-  Adjutant  g-n© 
sand  two  hundred  dollars-. 

To  pay  the  annuity  for  the  annual  support  of  the  Virginia  military  Annuity  to  vir- 
instifcute,  thirteen  thousand  five  hundred  dollarss  ftiTut^''"*"^^  "* 

Te  pay  expenses  chargeable  to  the  military  contingent  fund,  under  Military  contib 
an  act  to  organize  a  military  contingent  fund,  passed  March  fifteenth,  ^'"^ 
-eighteen  hundred  and  sixty-two,  fifty  thousand  dollars. 

To  pay  officers  and  privates,  for  rations,  clothing  and  other  allow-  Public  gvars. 


MNANCIAL.— APPEOPEIATIONS. 


penitentiary 

Transportation 
of  arms 

Commissioners 
of  the  rwenue 


Centra!  lunatic 
aayltiuQ 


!Eas^eru  lunatic 
asylum 


■WiUiaTo  :^u 
Hume 


ances  to  the  piihlic  guard,  and  ordnance  sergeant  at  the  militarj 
institute,  including  temporary  quarters,  sixty  thousand  dollars. 
Interior  g-aard  at      To  pay  allowancf>g  to  the  interior  guard  at  the  peniteiitiary,  two 
thousand  eight  hundred  dollar?. 

To  pay  for  the  transportation  of  arms  collected  and  distributed, 
eight  hundred  dollars. 

To  pay  the  co»imiss!ons  and  other  fees  of  commissioners  of  the 
revenue,  and  for  lists  of  taxable  property,  and  to  clerks  of  courts, 
for  examining  commissioners'  books,  eighty  thousand  dollars. 

To  pay  for  support  (in  addition  to  the  pay  patient  fund)  and  trans- 
portation of  patients  to  the  Central  lunatic  asjlum,  sixty-five  thou- 
sand dollars. 

.  To  pay  ibr  support  (in  addition  to  the  pay  patient  f  and)  and  trans- 
portation of  patients  to  the  Eastern  lunatic  asylum,  forty-eight  thou- 
sand dollars:  and  also  the  sura  of  three  hundred  and  twenty-four 
dollars  and  thirty-seven  cents — of  -^vhich  sum  one  hundred  and 
Kohert  Saunders  tweiitv-six  dollars  shall  be  paid  to  Robert  Saunders,  and, one  hundred 

&  ai  ' 

and  twentj'-six  dollars  to  Edward  H.  Lively,  for  the  hire  of  their 
servants  for  the  year  eighteen  hundred  and  sixty-two — and  to  Wil- 
liam H.  Peirce,  an  ofHcer,  for  sen'ices,  the  sum  of  seventy-two  dol- 
lars and  thirty-seven  cents,  balance  due  him  for  eighteen  hundred 
and  sixty-two. 

To  pay  to  William  M.  Hume,  sheriff  of  Fauquier  county,  or  his  legal 
representative,  seventy-three  dollars  and  sixty-cents,  that  being  the 
amount  to  which  he  is  entitled  by  law  for  conveying  a  lunatic  from 
said  county  of  Fauquier  to  the  asylum  at  Williamsburg,  which  said 
amount  is  to  be  deducted  from  the  appropriation  to  said  institution 
for  the  fiscal  year  ending  September  thirtieth,  eighteen  hundred  and 
sixty-two. 

To  pay  expenses,  &c.  of  lunatics  confined  in  county  jails,  four 
thousand  dollars. 

To  pay  the  support  of  the  deaf,  dumb  and  the  blind,  twenty-five 
thousand  dollars.  • 

To  pay  pensions  allowed  by  law,  four  hundred  and  thirty^wo 
dollars. 

To  pay  claims  chargeable  on  the  civil  contingent  fund,  to  be 
allowed  and  certified  by  the  executive,  one  hundred  thousand  dollar.^. 

To  pay  expenses  of  civil  .prosecutions,  eight  thousand  dollars. 

To  pay  for  services  of  commissioners  of  public  warehouses,  one 
hundred  and  fifty  dollars. 

To  pay  for  repairs  to  the  governor's  house,  to  be  paid  upon  the  cer- 
tificate of  the  superintendent  of  public  buildings,  five  hundred  dollars. 

To  pay  for  repairs  of  the  capitol,  to  be  paid  upon  the  certificate  of 
the  superintendent  of  public  buildings,  five  thousand  dollars. 

To  pay  for  the  printing  and  binding  of  one  thousand  copies  of  the 
sixteenth  volume  of  Grattan's  Reports,  two  thousand  two  hundred 
dollars. 

To  pay  for  reprinting  and  binding  one  volume  of  LsigU's  EeportSf 
as  provided  by  law,  one  thousand  six  hundred  dollars. 


Ltinatics  in 
county  jails 


Deaf,  dumb  and 
blind 


Civil  prosecu- 
tions 

Public  ware- 
houBBs 

Govcrnor'B 
bouse 


Oapitol 


Grattan's  Re- 
ports 


Leigh's  Reports 


FINA-yCIAL. — APPROPRIATIONS.  37 

To  pay  the  aanura  allowance  to  the  vaccine  agent  at  Riehmoml,  Vaecine  agen^ 
five  hundred  dollars. 

To  pay  for  the  services  of  a  messenger  in  the  office  of  the  auditor  Messenger  in 
of  public  accounts,  eight  hundred  dollars.  "   ' 

To  pay   expenses   of  the  registration  of  marriages,  births   and  Registration  o/ 

T        ,  1  T  /»        1         T      T    T   1^  marriages,  &e     . 

deatht?,  two  thousand  nvc  hunared  dollars. 

To  pay  expense  of  printing  for  the  general  asseiublv  and  public  Printins 
offi'cers,  and  for  paper  antl  books  for  public  officers,  forty-five  thousand 
dollars. 

To  pay  for  the  services  of  temporaiy  clerks  in  the  office  of  the  Temporary  _ 
auditor  of  public  accounts,  four  thousand  five  hundred  dollars.  tors  office 

To  pay  commissions  to  sheriffs,  payable  by  warrants,  tvro  hundred  Ci-mmissions  to 

^   ,,  *  sheriffs 

ttollars.  , 

To  pay  sundry  <?xpenses  out  of  the  epecial  appropriations  to  the  New  ri<rer  navi- 
New  river  navigation  company,  ten  thousand  dollars.  .       ''' 

To  pay  the  pages  of  the  senate  and  house  of  delegates,  the  sum  of  Pages 
three  dollars  per  day  for  each  day's  services  as  such ;  to  be  paid  upon 
the  certificate  of  the  cltrk  of  the  senate  and  of  tlie  clerk  of  the  house 
of  delegates  respectivelv. 

To  pay  the  clerk  of  the  joint  committee  on  salt,  four  dollars  pc-r  Clerk  joint  •.•om- 

-,»,.  r  T  •  •  I  -T  1  T  .-111    liii'tet-  on  s;:!; 

<Iay  tor  toe  time  or  hie  services :  to  be  paid  on  the  oruer  of  the  clerk 
of  the  house  of  delegates. 

To  pay  to  the  porter  to  the  senat<^,  for  services  as  such,  attention  rorter  of  senat* 
to  the  senate  chamber  and  clerk's  office  of  the  senate,  and  for  making 
,  fires  for  same,  two  dollars  and  fift^  cents  per  day;  to  be  paid  upon 
the  certificate  of  the  elerk  of  the  senate- 

To  pa}' the  further  expenses  for  making  fires  and  superintending  Fires,  fumacf a 
the  furnaces  in  the  capitol,  the  customary  allowance  of  two  dollars 
j)er  day  to  each  of  the  several  persons  entitled  to  the  same,  not  ex- 
iceediug  two-persons  to  be  emploj'-ed;  to  be  paid  upon  the  CiTtificate 
of  the  superintendent  of  public  buildings. 

To  pay  the  principal  and  interest  on  temporary  loans,  two  million  Temporary 
five  hundred  and  nine  thousand  two  hundred  and  eight  dollars  and 
uinety-fiv-e  cents. 

To  paj'  the  interest  on  loans  under  the  act  for  the  assumption  of  interest  on  loanc 
^he  Confederate  States  war  tax,  ninety-two  thousand  seven  hundred " 
and  ninety- three  dollars. 

To  pay  the  principal  and  intereet  of  interest  beariag  treasury  notes,  interest  bearing 

,  -ii-         ,1  ,  ^       1  T       ■  T  1       •         ,'        t:       T  treasury  notes 

three  million  three  hundred  and  sixty-two  thousand  nine  hundred 
and  ^xiy-six  dolla-rs. 

To  2>ay  the  salaries  and  aliowiinees  of  naval  officers  on  retired  Naval  officert 
lists,  fiive  thousand  three  hundred  dollars. 

To  pay  niilitaiy  expenses,  other  than  the  expenses  of  the  state  line  Military  ex- 
and.  moitntaiu  rangers,  to  be  paid  upon  the  order  of  the  auditing 
Ijoarii,  fifty  thousand  doliars;  but  the  disbursemehts  under  this  clause  • 
shall  be  limited  to  the  payment  of  claims  heretofore  allowed  by  said 
auditing  board;  and  all  claims  hereafter  allowed  by  said  board  shall 
©e  reported  to  the  general  assembly  for  payment  by  appropriation.? 
S>j  law,  except  claims  embraced  in  the  next  following  clause. 


FINANCIAL. — APPKOPRIATIONS- 


State  line 


Penitentiary 


Patrick  Kez^n 


Hoyer  &.  JLiid- 
•wig 


3.  I>.  Fendletoa 


•Saneral  funt^ 


To  pay  claims  of  ofScers  and  soldiers  of  the  Virginia  state  lin?-' 
and  mountain  raugers,  inclnding  the  raising,  clothing,  subsistence,, 
and  otherwise  supporting  the  same,  to  be  paid  up©a  the  order  of  thc- 
auditing  board,  tvro  million  dollars. 

To  snpplr  the  penitentiary  -with  raw  Biaterial  for  mannfacturing 
purposes,  tjvelve  thousand  dollars ;  to  be  paid  to  the  order  of  the- 
superintendent  theveof. 

To  pay  Patrick  Kean,  as  reporter  to  the  secret  debates  of  the- 
conTentioa,  upon  the  -certificate  sf  the  seeretaiy  thereof,  as  ordered: 
by  the  conTention,  three  hundred  dollars. 

To  pay  Messrs.  Hoyer  &  Ludwig  for  engraTing  and  printing  two- 
hundred  copies  t>f  the  ordinance  of  secession,  three  hundred  and' 
ninety  ctollars. 

To  pay  J.  D'.  Peadleioa  and  John  Burwell,  for  clerical  serriccs 
rendered  the  senate  during  the  indisposition  &!  the  ck-rk  of  tke  senate- 
at  the  pveseat  session,  sixty  dollars- each. 

2.  Be  it  furtber  enacted,  that  so  raucls  of  the  pablic  revenue  as- 
mny  be  received  into  the  public  treasury  after  the  tkirtieth  day  of 
September  eighteen  hundred  and  sisty-tiree,  and  the  surplag  of  all 
other  appropriations  made  prior  to  that  date,  unexpended  -rtfithin  the- 
iiscal  year  ending  c<ii  the  la&t  day  of  September  eighteen  hundred 
and  i?lxty-three,  and  all  othe?  moneys  not  otherwise  appropriated  by 
law,  shall  constitute  a  general  fund,  to  i^fray  such  expenses  autho- 
rized by  law  as  are  not  herein  particularly  provided  for,  &ad  to  defray" 
the  us'aal  allowances  to  Isnatie  asylums,  and  other  surrent  expenses. 
of  the  commonwealth,  m  the  Sscal  year  which  shall  eommense  oia, 
the  first  day  of  October  eighteen  hundred  and  sixty-tlyee,  and  ter- 
minate on  the  thirtietk  day  of  September  eighteen  hundred  ani^ 
sixty-four;  and  the  aviditor  of  public  accounts  is  liSi-eby  authorizeiS 
and  reqnii'Gd  to  issue  his  warrants  in  the  same  manner  as  if  the  sarasv 
had  been  speeifieally  mentioned,  subject  to  such  exceptions,  limifca- 
tions  and  conditions  as  the  general  assembly  have  prescribed,  or  may 
deem  it  proper  t&  annex  and  prescribe  by  law  :  provided,  that  nothing 
in  this  act  contained  shall  be  so  construed  as  to  authoi'ize  the  auditor 
of  public  accounts  to  issue  his  warrant  or  warrants  in  satisfaction  o3 
any  judgment  or  decree  of  any  court  of  law  or  efjuity  against  thi?- 
.  eomrnonwealth,  for  a  sum  exceeding  tliree  hundred  dollars,  without  a 
special  api)ropvJation  by  law. 

•3.  The  payments  to  the  militaiy  institute,  fc^r  support,  to  the- 
lunatic  asylums,  fiu'  support  and  transportation  of  patients ;  and  tc 
the  institution  for  the  education  of  the  deaf  and  dnmb  and  the  blind, 
shall  be  made,  one-fourth  in  advance,  on  the  first  day  O'f  October^ 
one-half  on  the  first  day  of  January  (if  the  visitors  or  directors  s.^ 
require),  and  the  remaining  one-fonrth  on  the  first  day  of  April. 

Gommeacemen*.      4.   This  act  sUail  bi3  in  force  from  its  passage,, 


Diaposal'  of  ge 
aesai  fund 


}<imLtaii02:; 


Payments,  when 
made 


INTEREST   ON   WAR   TAX. — MILITARY   AFFAIRS.  3j? 


Chap.  3. — An  ACT  authorizing  the  payment  of  Interest  on  Bonds  given  for 
the  Confederate  States  War  Tax,  after  the  day  of  payment. 

Passed  Marcli  12, 1863. 

1.  Be  it  er.acteil  by  the  general  assembly,  that  any  bond  heretofore  Bond,  when  to 
<or  hereafter  given  for  the  payment  of  money,  in  pursuance  of  the  act  of  ^^^ 
assembly  entkle*l  an  act  to  provide  for  the  assumption  and  payment 
of  the  Confederate  States  war  tax,  passed  February  twenty-first, 
eighteen  hundred  and  sixty-two,  shall  continue  to  bear  interest  until 
presented  for  renewal.     The  holders  of  bonds  heretofore  paid  after  when  holders 
the  day  of  payment,  to  whom  interest  was  refused  after  the  said  day  rest' 
of  payment,  shall  be  entitled  to  such  interest;  and  the  auditor  of  when  auditor  i« 
public  accouKts  shall  issue  his  '<varrant  on  the  treasury,  payable  out 
of  any  money  in  the  treasury  not  otherwise  appropriated,  in  favor  of  ^ 
the  person  whose  bond  may  have  been  paid  without  such  interest,  for 
the  amount  of  interest  which  would  have  accrued  thereon,  at  the  rate 
of  sis  per  eentum  per  annum,  from  the  day  of  payment  until  the  Rule  of  intcres* 
same  may  have  been  paid. 

•  2.   This  aet  shall  be  in  force  from  its  passage.  •  •        CommencciQent 


C'liAP.  4. — Au  ACT  to  tran.sfer  the  State  Troops  and  Hangers  to  the  Con- 
federate Government. 

Passed  February  28,  1663. 

1.   Be  it  enacted  by  the  general  assembly,  that  the  governor  be  o^nTernor  di- 
and  he  is  hereby  authorized  and  directed  to  cause,  without  delay,  all  i-^s'^tute°tro^op3 
the  state  troops  raised  under  an  act  of  the  general  assembly,  entitled  Acts  as  to  state 
an  aet  to  authorize  a  force  of  ten. thousand  men  to  be  raised  for  therangMs'*° 
defence  of  the  commonwealth,  passed  May  fift-eenth,  eighteen  hun- 
dred and  sixty-two,  and  under  any  acts  amendatory  thereof,  in- 
cluding all  companies  of  rangers  organized  under  the  act  of  March 
twenty-seventh,  eighteen  hundred  and  sixty-two,  entitled  an  act  to 
authorize  the  organization  of  ten  or  more  companies  of  rangers,  or 
any  other  act  of  the  general  assembly,  to  be  reorganized  into  com- 
panies, battalions  and  regiments,  in  accordance  with  the  laws  and 
regulations  of  the  confederate  service.     In  case  there  be  four  com-  when  officers    • 
panics  of  said  rangers,  including  the  company  of  Captain  George  j^r''' *^  "^"^  *  ™*' 
Dusky,  at  present  acting  with  one  of  the  regiments  of  said  state 
troops,  it  shall  be  lawful  for  the  officers  of  said  companies  (as  intended 
by  the  said  act  of  the  twenty-seveinth  of  March  eighteen  hundred 
and  sixty-two)  to  elect  a  major  therefor,  who  shall  be  commissioned 
bj^the  governor  as  of  the  day  preceding  the  date  of  the  passage  of 
this  act :  provided,  that  such  election  be  made  within  ten  days  after 
■the  passage  of  this  act ;  and  such  major,  without  waiting  for  his 
fiomnii.ssion,  shall  be  deemed  one  of  the  field  ofiicers  who  may  be 


40 


MILITARY    AFFAIRS. 


Company  offi-  'elected  under  the  nest  succeeding  section.  Wlienever  two  or  more 
oers,  ort  eec  companies  are  consolidated  into  one  to  make  up  the  complement  of 
men  required  by  f-aid  laws,  the  non-commissioned  officers  and  pri- 
vates may  (under  the  superintendence  of  such  oiBcer  as  shall  be  de- 
signated by  the  governor  for  that  purpose)  elect,  from  among  the 
officers  of  the  same  grade,  a  captain,  a  first  lieutenant  and  two  second 
lieutenants,  who  ishall  be  assigned  to  tlie  company  tiius  formed,  and 
the  commissions  of  tlie  other  company  officers  shall  thereafter  be 
void. 


Battalions  and 
regimentG,  how 
formed 
Field  officers, 
how  chosen 


What  field  offi- 
cers discharged 

How  mustered 
into  service  of 
Confederate 
States 


How  Received 


Who  may  be 
discharged 


Inventory  of 
arms,  &c.  how 
taken 


How  transferred 
to  confederate 
government 


Staff  officers 


Arms,  &e.  liow 
Talned 


2.  As  soon  as  ten  comptinies  are  thus  formed,  they  shall  be  or- 
ganized into  two  battalions  and  one  regiment.  'From  the  field  officers 
of  the  necessary  grades  now  in. commission  in  said  state  troops  and 
rangers,  the  commissioned  officers  of  the  regiment  may  elect  their 
field  officers.  In  like  manner,  when  another  regiment  is  formed,  the 
like  proceeding  shall  be  had  until  all  the  regiments  that  may  be 
formed  are  completed-.  If  there  are  any  companies  left  after  the 
formation  of  said  regiments,  they  shall  be  formed  into  a  battalion, 
and  officered  in  like  manner.  The  field  officers  then  remaining  with- 
out commands  shall  be  discharged,  and  their  commissions,  shall  be 
void.  The  regiments,  and  any  detached  battalion  thus  formed,  shall 
be  mustered  into  the  service  of  the  Confedeyate  States  by  such  mus- 
tering officer  as  shall  be  detailed  by  the  secretary  of  war  for  that 
purpose ;  and  when  so  mustered,  complete  returns  thereof  shall  be 
immediately  made  by  such  mustering  officer,  to  the  adjutant  general 
of  this  state  at  Richmond.  The  said. troops  are  to  be  received  in 
companies,  battalions  and  regiments,  with  their  respective  officers. 
They  are  to  be  mustered  into  the  service  for  the  war,  but  with  the 
express  reservation  that  those  not  subject  to  conscription,  if  they 
desire  it,  shall  be  discharged  at  the  expiration  of  their  present  term 
of  enlistment.  The  governor  shall  appoint  an  officer,. to  be  present 
at  the  mustering  of  said  troops  into  service,  whose  duty  it  shall  be  to 
take  an  inventory,  of  all  arms,  accoutrements,  ordnaiice,  equipments, 
stores,  munitions  of  war,  horses  and  other  property  which  may  be  in 
the  possession  of  said  troops  when  so  mustered  into  service  ;  and  the 
same  shall  be  transferred  to  the  confederate  government,  and  shall 
be  received  and  receipted  for  by  the  said  mustering  officer  at  the 
time  of  receiving  and  mustering  said  troops  as  aforesaid.  Such  staff 
officers  for  said  regiments  and  detached  battalion,  if  any,  as  may  be. 
authorized  by  the  laws  of  the  Confederate  States,  shall  be  appointed 
by  the  colonels  of  the  regiments  when  formed,  according  to  the  laws 
of  the  Confederate  States  ;  and  when  the  siiid  regiments  are  mustered 
into  service,  the  said  staff  officers  shall  be  received  as  a  part  of  the 
force  transferred,  and  be  commissioned  accordingly. 

3.  All  the  arms,  accoutrements,  ordnance  and  equipments,  stores^ 
munitions  of  war  and  other  property  furnished  and  receipted  for  as 
aforesaid,  shall  be  valued  by  the  mustering  officer  aforesaid,  and  the 
officer  appointed  by  the  governor  to  make  the  inventory  thereof^  and 


MILITARY   AFFAIRS.  41 

if  they  fail  to  agree,  in  such  mode  as  may  be  agreed  on  by  the»gover- 
nor  and  secretary  of  war;    and  the   value   thus   ascertained  shall,  valuation,  bow 
upon  delivery  thereof,  be  paid  by  the  confederate  government  into  rate  government 
the  treasury  of  the  commonwealth*  to  the  credit  of  the  common- 
wealth. 

4.  All  enlistments  for  the  state  troops  and  rangers  shall  cease  from 
and  after  the  passage  of  this  act. 

5.  From  and  after  the  transfer  of  the  said  troops,  as  provided  for  Payments  not. 
inthe  second  section  of  this  act,  no  claim  shall  be  allowed  for  the  tranlfti-^ 

.payment  of  the  officers  and  troops  or  otherwise,  on  account  of  said 
state  troops  and  rangers,  except  in  discharge  of  liabilities  incurred 
prior  thereto. 

6.  Such  portion  of  said  forces,  including  commissioned,  non-com-  When  pay,  ra- 

.    '.         T      ™  -I        ■       ,  1     n  '        1  ■      J         -I  t  ■  tions,  &c.  not  to 

missioned  omcers  and  privates,  as  shall  not  be  reorganized  and  trans-  be  received 
ferred  before  the  first  day  of  April  eighteen  hundred  and  sixty-tlu'ee, 
according  to  the  provisions  of  this  act,  shall  receive  no  pay,  clothing, 
rations  or  other  allowances  for  services  thereafter. 

*       .  .  . 

7.  This  act  shall  be  in  force  from  its  passage,  and  all  acts  and  Coramencenient 

parts  of  acts  inconsistent  therewith  are  hereby  repealed.  -     clause 


Chap.  5. — An  ACT  to  provide  for  the  Discharge  from  active  Military  Ser- 
vice, of  persons  who  have  famished  Substitutes. 

Passed  February  5,  1863. 

1.  Be  it  enacted  by  the  general  assembly,  that  no  person  who  has  When  person 
heretofore  furnished,  according  to  law,  a  substitute  in  the  military  nished  substi- 
service  of  the  Confederate  States,  for  three  years  or  the  war,  shall  be  from  mmtary 
liable  to  military  service,  under  the  proclamation  of  the  governor  of  ^^'"*'^^® 

the  tenth  day  of  January  eighteen  hundred  and  sixty-three,  or  any 

future  proclamation  calling  for  forces  under  now  existing  laws,  to  be  ♦ 

turned  over  to  the  service  of  the  Confederate  States,  except  in  cases 

in  which  such  substitute  may  be  himself  liable,  under  the  laws  of  the 

Confederate  States,  to  perform  his  own  tour  of  duty;  but  such  per-  Entitled  to  dis- 

son  shall  be  entitled  to  his  discharge.  ^  '^^^'^ 

2.  In  conformity  to  instructions  of  the  governor,  not  inconsistent  Questions  of  ex- 
with  the  provisions  of  this  act,  the  board  of  exemptions  provided  for  determined''^ 
by  act  of  October  first,  eighteen  hundred  and  sixty-two,  are  em-  : 
powered  and  directed  to  determine  all  questions  of  exemptions  arising 

under  said  proclamation,  or  any  future  proclamations,  claimed  by  any 
person  by  reason  of  his  having  furnished  a  si]^stitute. 

3.  This  act  shall  be  in  force  from  its  passage.  Commencement 


4i    ■  MILITARY    AFFAIRS. 


Chap.  6. — An  ACT  to  amend  and  re-enact  an  act  further  to  provide  for  the 
Public  Defence,  passed  October  3,  1862. 

',    ■  Passed  Marcli  13,  1863. 

Act  amended  Be  it  enacted  by  the  general'  assembly,  that  the  act  passed  October 

third,  eighteen  hundred  and  sixty-two,  entitled  an  act  further  to  pro- 
vide for  the  public  defence,  be  amended  and  re-enacted  so  as  to  read 
as  follows : 

Slaves,  how  1.   Be  it  enacted  by  the  general  assembly,  that  it  shall  be  the  duty 

vice^  orconfede-  of  the  governor  of  this  commonwealth,  and  he  is  hereby  authorized 
rate  States         ^^-^^  required,  whenever  thereto  requested  by  the  president  of  the 
*.  "^  Confederate  States,  to 'call  into  the  service  of  the  Confederate  States, 

for  labor  on  fortifications  and  other  works  for  the  public  defence 
within  this  state,  from  time  to  time,  for  a  period  not  exceeding  sixty 
days,  a  number  of  male  slaves  between  the  ages  of  eighteen  and 
fifty-five  years,  not  exceeding  ten  thousand  at  any  one  time,  and  not 
exceeding  in  any  county,  city  or  town,  one-fifth  of  the  number  of 
.         ■         male  slaves  therein  between  the  ages  specified,  to  be  apportioned  by 
How  appor-        the  govemor.    Such  requisition  shall  be  apportioned  ratably  among 
'^^^  all  the  slaveholders  in  the  several  counties,  cities  and  towns  on  which 

the  requisition  shall  be  made,  so  as  to  charge  each  slaveholder  with 
the  same  proportion  of  his  male  slaves  between  the  ages  specified, 
capable  of  performing  ordinary  labor,  to  be  judged  of  by  the  court, 
When  govcruor  which  may  be  demanded  from  his  county,  city  or  town :  provided, 
eounues™''        however,  that  the  governor,  in  his  discretion,  may  exempt  wholly  or 
partially,  from  the  operation  of  this  act,  such  counties  as  may  have 
•    •  lost  so  large  a  portion  of  their  slaves,  in  consequence  of  their  escape 

to  the  public  enemy,  as  will  materially  afi'ect  the  agricultural  pro- 
ducts of  such  counties.     And  the  governor  may  exempt  such  other 
counties  as,  from  their  geographical  position  or  contiguity  to  the 
Persons,  how      public  enemy,  he  may  deem  expedient.     And  in  any  county,  cify  or 
exempted  town  partially  exempted  under  this  statute,  anj'  person  who  may 

satisfy  its  county  or  corporation  court,  or  any  person  appointed  by 
•  '  the  governor  for  that  purpose,  that  he  or  she  has  lost  one-third  part 

of  his.  or  her  slaves  liable  to  work  on  the  public  works,  by  said  slaves 
going  over  to  the  enemy,  shall  be  exempted  from  the  operation  of 
Monthly  allow-  tbis  act.  The  sum  of  twenty  dollars  per  month  for  each  slave  shall 
sUves'^'''  ^"^  b^  P^^*^  by  ''^^^  Confederate  States  to  the  person  entitled  to  his  ser- 
vices, and  soldiers'  rations,  medicines  and  medical  attendance  fur- 
Value,  when  nished ;  and  the  value  of  all  such  slaves  as  may  die  during  their  term 
rate  go\'ernment  *^f  scrvicc.  Or  thereafter,  from  injuries  received,  or  of  diseases  cou- 
.     *  tracted  in  such  service,  or  not  be  returned  to  their  owners,  shall  be 

Compensation     P^itl  by  the  Confederate  States  to  the  owners  of  such  slaves ;  and 
for  injuries         £yj|  compensation  shall  be  made  for  all  injuries  to  slaveti  arising  from 
the  act  of  the  public  enemy ;  and  in  Hke  manner,  full  compensation 
shall  be  made  for  aiiy  injury  to  slaves  arising  from  a  want  of  due 
diligence  on  the  part  of  the  authorities  of  the  Confederate  States : 


MILITARY   AFFAIES.  43 

provided,  that  the  Confederate  States  shall  not  be  liable  for  any  slave 
not  returned  by  reason  of  fraud  or  collusion  on  the  part  of  the  owner 
or  his  agent ;  or  if  his  death  should  be  caused  by  the  act  of  God,  ax 
by  disease  of  such  slave,  existing  when  received  by  the  confederate 
authorities ;  and  in  all  cases  the  burden  of  proof  shall  be  on  the  an-  Burden  of  proof 
thorities  of  the  Confederate  States,  to  discharge  the  latter  from  lia- 
bility to  the  former.     Hired  slaves  shall  be  regarded  as  the  slaves  of  Hired  slaves, 
their  temporary  owners,  in  apportioning  for  the  punposes  of  this  act ;  garded 
but  when  hired  slaves  shall  be  held  by  persons  owning  other  slaves, 
it  shall  not  be  lawful  for  the.  temporary  owner  to  select  one  or  more 
o^the  hired  slaves  to  b,e  sent  to  the  public  works ;  but  in  every  such 
case,  the  slave  or  slaves  to  be  sent  shall,  be  ascertained  by  lot,  in 
which  each  of  said  slaves  shall  be  drawn  for  by  the  court. 

2.  Be  it  further  enacted,  that  so  soon  as  the  governor  shall  deter-  Notice  of  call. 
mine  to  make  a  requisition  for  slaves  under  this  act,  he  shall  give   °^S'"'*'* 
notice  thereof  to  the  several  counties,  cities  and  towns  on  which  the 

call  may  be  made,  by  causing  to  be  filed  with  the  clerks  of  the 
several  county  and  corporation  courts,  copies  of  the  requisition  made 
on  their  respective-  counties,  cities  and  towns ;  and  thereupon  it  shall  Duty  of  clerks 
•  be  the  duty  of  the  said  clerks  forthwith  to  issue  a  summons  to  all  the  °  '^""'^  ^ 
acting  justices  of  their  ;.'espective  counties  and  corporations,  requiring 
them  to  meet  at  the  courthouses  of  their  counties  and  corporations,     ■ 
on  a  day  to  be  named  in  the  summons,  not  later  than  six  days  from 
the  filing  of  the  requisition,  to  carry  the  same  into  effect ;  which 
summons  shall  be  directed  to  and  executed  by  the  sheriff  of  the  Duty  of  sheriffs 
county  or  sergeant  of  the  corporation,  as  the  case  may  be. 

3.  It  shall  be  the  duty  of  the  several  county  and  corporation  courts.  Number  of 
after  being  duly  convened  as  aforesaid,  and  not  less  than  five  justices  requlsitron^how 
being  present,  to  ascertain,  by  the  assistance  of  the  commissioners  of  ascertained 
the  revenue  of  their  respective  counties  and  corporations,  or  other- 
wise, the  entire  number  of  male  slaves  therein  between  the  ages  spe- 
cified, subject  to  requisition  under  this  act;  and  after  ascertaining  Apportionment, 
the  same,  to  apportion  the  requisition  aforesaid,  without  delay,  among   °^^  ^°'  *^ 

^all  the  holders  of  such  slaves,  so  as  to  charge  each  slaveholder,  as 
near  as  may  be,  with  the  same  proportion  of  his  male  slaves  between 
the  ages  of  eighteen  and  fiftj'-five,  capable  of  performing  ordinary  , 

labor,  as  may  be  demanded  from  his  county,  city  or  town,  throwing 
into  classes,  when  necessary,  the  holders  of  but  one  or  a  few  slaves, 
and  of  fractions  of  slaves,  and  ascertaining  by  lot,  or  agreement  be- 
tween the  parties,  or  otherwise,  the  slave  or  slaves  to  be  sent  to  the 
public  works  from  su.ch  classes,  and  giving,  as  far  as  practicable,  re- 
lief to  those  upon  whom  the  lot  or  draft  may  have  fallen  under  any  , 
preceding  requisition :  provided,  that  in  no  case  of  a  soldier  in  ser-  proviso  as  to 
vice,  or  a  widow  having  a  son  therein,  or  whose  husband  has  died  in  &c 
such  service,  owning  or  hiring  but  one  male  slave,  shall  such  slave 
be  subject  to  requisition  under  this  act.     But  no  slaveholder  shall  be 
exempted  by  reason  of  having  slaves  in  the  employment  of  the  state 
or  confederate  government. 


44  MILITARY   AFFAIRS. 

How  slaves  de-       4.    So  soon  as  the  apportionment  aforesaid  shall  be  made,  it  shall 
be  the  duty  of  the  courts  of  the  several  counties  and  corporations  to 
require  each  slaveholder  to  deliver,  on  a  day  and  at  a  place  appointed 
by  the  court,  his  quota  of  slaves  to  the  sheriff  or  sergeant,  as  the 
cage  may  be,  to  be  delivered  by  such  sheriff  or  sergeant  to  an  agent 
or  officer  of  the  Confederate  States  in  the  city  of  Richmond,  at  the 
When  returned  expense  of  the  Confederate  States.      All  slaves  delivered  by  the 
holders  on  the  day  and  at  the  place  designated  as  aforesaid,  to  be 
liow  seized,  and  returned  at  the  expiration  of  sixty  days.     Slaves  not  delivered  in  ac- 
cordance with  the  order  of  the  court,  shall  be  seized  by  the  sheriff  or 
sergeant,  as  the  case  may  be,  and  delivered,  at  the  expense  of  flhe 
owner,  to  the  agent  or  officer  of  the  Confederate  States  authorized 
to  receive  them,  and- may  be  held,  on  the  terms  and  conditions  afore- 
said, for  a  period  not  exceeding  ninety  days,  unless  sufficient  cause 
for  the  failure  shall  be  shown  to  the  court  of  the  county  or  corpora- 
tion in  which  such  failure  may  occur,  and  there  entered  on  record ; 
Expenses,  how    in  whicli  event,  the  expenses  of  said  delivery  shall  be  paid  by  the 
^'^^  ■  Confederate  States,  and  a  certified  copy  of  such  order  shall  be  con- 

Fine  elusive, evidence  of  such  sufficient  cause:  and  moreover,  the  holder 

:        _,  .of  such  slaves  shall  be  fined  not  less  than  three  dollars  nor  more  than 

Sheriff  to  report  ten  dollars  for  every  day  each  slave  shall' be  withheld;  and  it  shall 
mquen  h  |^^  ^j^^  ^^^^  ^^  ^^  sheriff  or  sergeant  to  report  to  the  court,  at  its 
next  succeeding  monthly  term,  all  persons  failing  or  refusing  to  deli- 
Pine  and  execu-  vcr  their  slaves  as  aforesaid ;  and  unless  good  cause  be  shown  for 
such  failure  or  refusal,  the  court  shall  impose  said  fines,  for  which  an 
execution  shall  be  forthwith  issued  by  the  clerk  of  the  court;  which 
■fines  shall  be  repeated  from  time  to  time,  until  the  order  of  court  is 
complied  with.  Any  sheriff  failing  to  discharge  the  duties  imposed, 
by  this  act,  shall  be  fined  not  less  than  fifty  dollai's  nor  more  than 
two  hundred  dollars. 

Detail  of  slaves,      5.   It  shall  be  lawful  for  the  proper  authorities  of  the  Confederate 
,ow  ma  e  States,  whenever  in  their  opinion  the  public  interest  may  require  it, 

'  to  detail  for  labor  in  the  business  and  at  the  place  from  which  they 

have  been  taken,  any  slaves  drafted  under  the  provisions  of  the  act 
hereby  amended,  or  of  this  act;  but  in  no  case  shall  the  deficiency  in* 
labor  on  the  public  works,  caused  by  such  detail,  be  supplied  by  a 
new  draft  on  the  other  slaveholders  of  the  county,  city  or  town  in 
which  the.  detail  maybe  made;  and  auj' slaves  which  shall  be  ex- 
empted from  impressment  or  draft  by  any  law  of  the  Confederate 
States,  shall  be  regarded  as  detailed  under  tll^  provisions  of  this  act. 

Clerk  and  sheriff     6.    The  clerk  and  sheriff  or  sergeant  shall  attend  the  sessions  of 

to  attend  court      ,  ^        •         ■,  t     i  ,.  „  . 

tJie  court  as  m  other  cases,  and  the  court  maj-  adjourn  irom  tr.ne  to 
time  until  the  business  shall  be  completed. 

Duty  of  clerk  .7.  Should  any  county  or  corporation  court  fail  or  refuse  to  dis- 
charge the  duties  hereby  imposed  on  them,  wholly  or  in  part,  it  shall 
be  the  duty  of  the  clerk  of  such  court  immediately  to  notify  the 


MILITARY  AFFAIRS.  4-5 

governor  thereof;  aiul  thereupon  it  shall  be  the  duty  of  the  latter,  DuA-  of  gover- 
unless  good  and  suiScient  reasons  be  stated  by  the  court  for  such 
faihire  or  refusal,  by  oflBcers  and  agents  of  his  own  selection,  with 
the  aid  of  the  commissioners  of  the  revenue  of  such  county  or  cor- 
poration, who  are  hereby  required  to  render  such  aid  when  required, 
to  impress  from  said  county  or  corporation  such  proportion  of  the 
slaves  demanded  by  him  therefrom  as  may  not  have  been  furnished 
under  the  provisions  of  this  act.  The  slaves  thus  impressed,  together 
with  such  as  may  have  been  furnished  by  such  county  or  corporation 
under  this  act,  shall  not  exceed  one-fifth  of  the  number  of  male  slaves 
therein  between  the  ages  specified,  capable  of  perfomiing  ordinary 
labor;  shall  be  apportioned  among  the  slaveholders,  as  herein  above 
set  forth,  and  shall  be  turned  over  to  an  authorized  ofiicer  or  agent 
of,  the  Confederate  States,  to  be  held  not  longer  than  sixty  days,  for 
the  uses  and  upon  the  terms  and  conditions  set  forth  in  the  first  sec- 
tion of  this  act.  Separate  receipts  shall  in  all  cases  be  executed  to  Receipt?,  how 
the  owners  by  the  sheriff  or  other  person  seizing  or  taking  possession 
of  slaves  under  this  act ;  and  receipts  shall  in  like  manner  be  taken 
by  the  sheriff  or  other  person  holding  them,  when  slaves  may  be 
turned  over  to  the  agent  or  ofl5cer  of  the  Confederate  States.  •  Slaves 
coming  into  the  possession  of  the  sheriffs,  sergeants  or  agents  of  the 
governor  vmder  this  act,  shall  be  regarded  as  in  the  possession  and 
service  of  the  Confederate  States  and  at  their  expense,  until  rede- 
livered to  their  owners.  For  every  seizure  of  a  slave  by  a  sheriff  or  Fee  of  sheriff 
sergeant  under  this  act,  he  shall  be  entitled  to  a  fee  of  five  dollars, 
to  be  paid  by  the  person  failing  to  deliver  such  slave. 

8.  In  making  the  requisition  authorized  hy  this  act,  the  governor  Requisition  to  be 
is  required  to  equalize  the  burden,  as  near  as  may  be,  among  the  ^'^"'^  '^^ 
several  counties,  cities  and  towns  of  the  commonwealth,  and  amongst 

the  citizens  thereof,  having,  when  practicable,  due  regard  to  the  num- 
ber of  slaves  theretofore,  furnished  by  any  counties  or  corporations, 
or  the  citizens  thereof,  under  the  provisions  of  the  act  of  October 
third,  eighteen  hundred  and  sixty-two,  and  of  this  act,  and  under 
any  call  heretofore  made  by  the  president  or  secretary  of  war,  or  any 
ofjicer  of  the  confederate  army ;  and  for  this  purpose,  it  shall  be  the  Number  and 
duty  of  the  county  and  corporation  courts,  as  soon  as  may  be,  to  for-  to°be  forwarded 
ward  to  the  governoi  the  number  and  time  of  service,  (ft'  any  slaves 
heretofore  furnished  under  any  call  as  aforesaid,  so  that  the  equaliza- 
tion intended  by  this  seciion  may  be  made  to  apply  to  any  future  call 
for  labor  by  the  confederate  government. 

9.  Under  any  requisition  made  upon  any  countj',  city  or  town,  it  slaves  to  be  in 
shall  be  lawful  for  any  number  of  persons  who  may  be  required  to  seeTor  age^nt"' 
furnish  not  less  than  thirty  nor  more  than  forty  slaves,  to  place  such 

slaves  in  charge  of  an  agent  or  overseer  selected  by  such  owners, 
who  shall  deliver  them  to  the  confederate  authorities,  at  the  place 
where  the  labor  is  to  be  performed,  at  the  expense  of  the  Confederate 
States ;  and  such  agent  or  overseer,  if  a  fit  and  proper  person,  shall 


46 


MILITARY   AFFAIRS. 


•  be  employed  by  the  confederate  government  as  the  agent  or  oVeiseer 
How  disehargftd  in  charge  of.  the  slaves  during  their  service  of  sixty  days ;  and  such 
overseer  or  agent  shall  not  be  discharged  by  any  officer  of  the  con- 
federate government,  except  for  good  cause,  to  be  approved  by  the 
secretary  of  war:  provided,  that  if  the  requisition  on  any  county, 
city  or  town  shall  amount  to  only  twenty  slaves  and  less  than  thirty, 
in  such  case  an  overseer  or  manager  maybe  selected  as  aforesaid. 

Subsistence  10.    The  owners  of  slaves  may  furnish  them  subsistence  and  pro:" 

visions,  and  in  such  event  shall  be  allowed  commutation  iu  money  in 
lieu  of  rations,  equal .  to  the  commutation  allowed  soldiers  in  the 
service. 

•  11.  All  slaves  sent  voluntarily  by  their  owners  to  the  confederate 
authorities,  and  accepted  by  them,  shall  stand  on  the  same  footing 
as  if  sent  under  the  proceedings  required  by  this.  act. 

.  12.  This  act  shall  be  forthwith  communicated  by  the  governor  td 
the  president  of  the  Confederate  States.  Any  request  for  sFaves 
hereafter  made  by  the  president  on  the  governor  shall  be  regarded 
an  assent  to  and  acceptance  of  all  the  provisions  of  this  act  by  the 
Confederate  States. 

Commencement       1.^.    This  act^shall  be  in  force  from  its  passage. 


Slaves  gent  vol- 
"antarily 


Act  to  be  com- 
municated to 
president 


Chap.  7. — An  ACT  to  amend  and  re-enact  the  i'2th  section  of  an  act  passed 
M-3,rch  13th,  1863,  entitled  an  act  to  ameud  and  re-enact  an  act  further  to 
provide  for  the  Public  Defence,  passed  October  3d,  1862,  and  to  amend 
the  title  of  said  act. 
» 

Passed  March  30,  1863.       * 

1.  Be  it  enacted  by  the  general  assembly,  that  the  twelfth  section 
of  the  act  passed  March  thirteenth,  eighteen  hundred  and  sisty-three, 
entitled  an  act  to  amend  and  re-enact  an  act  further  to  provide  fof 
the  public  defence,  passed  October  third,  eighteen  hundred  and  sixty-' 
two,  be  amended  and  re-enacted  so  as  to  read  as  fbllows ; 

"§  12.  This  act  shall  be  forthwith  communicated  by  the  governof 
to  the  president  of  the  ConTederate  States,  and  shall  be  regarded  an 
act  regulating  the  mode  in  which  and  the  terms  upon  which  slaves 
in  this  state  shall  be  impressed  by  the  confederate  authorities,  under 
the  act  of  congress  entitled  an  act  to  regulate  impressments,  ap- 
proved March  twenty^sixth,  eighteen  hundred  and  sixty-three,  to  the 
extent  provided  for  in  the  act  to  which  this  act  is  amendatory.  Any 
call  for  slaves  hereafter  made  by  the  president  on  the  governor,  shall 
be  regarded  an  assent  to  and  acceptance  of  all  the  provisions  of  this 
act  by  the  Confederate  States." 

Title  amended        2.  Be  it  further  enacted,  that  the  title  of  said  act  of  March  thir- 


Act  01  1863 
amended 


tlow  amended 

Ab  to  impress- 
ments 


JIILITART   AFFAIRS.  .  47 

ieenth,  "eighteen  Imndred  and  sixty- three,  be  amended  and  re-enacted 
m  as  to  read  as  follows :  • 

"  An  act  to  amend  and  re-enact  an  act  further  to  provide  for  the  Title 
public  defence,  passed  October  third,  eighteen  hundred  and  sixty- 
two,  and  to  regulate  the  impressment  of  slaves  by  the  confederate 
ffovernment," 


Chap.  S.— An  ACT  to  amend  and  re-enact  section  3cl  of  an  act  passed  May 
14th,  1862,  entitled  an  act  to  organize  a  Home  Guard.  , 

Passed  March  30, 1863. 

1.  Be  it  enacted  by  the  general  assembly,  that  the  third  section  of  Act  of  i862 
an  act  passed  May  fourteenth,  eighteen  hundred  and  sixty-two,  en-  " 

titled  an  act  to  organize  a  home  guard,  be  amended  and  re-enacted 
so  as  to  read  as  follows : 

"  §  3.   The  said  companies  shall  operate  as  a  guard  and  police  Guard,  &c 
for  their  respective  counties  during  the  war,  and  shall  arrest  all  de-  Dcstrterg,  how 
serters  from  the  army  found 'within  the  limits  thereof ;  and  the  officer 
in  command  is  herebyauthorized  to  order  such  force  to  rendezvous  at 
any  point  that  he  may  determine  upon,  whenever  in  -his  opinien  the 
interests  of  the  county  may  require  it.     Whenever  two  or  more  com-  when  major 
panies  shall  be  organized  in  a  county,  they  may  elect  a  major,  who  ^^^ 
shall  be  commissioned  by  the  governor  to  command  the  whole :  pro-  proviso 
vided,  however,  that  the  troops  hereby  authorized  to  be  raised  shall 
not  be  marched  beyond  the  limits  of  their  respective  counties,  against 
'their  consent,  or  kept  in  active  service  for  more  than  thirty  days  at 
any  one  time." 

2.  This,  act  shall  be  in  fgrce  from  its  passage.  Commencement 


• 


CHAPb  9. — An  ACT  to  refujid  Money  received  for  Esemption  from  Military 

Duty. 

Passed  January  19,  1863. 

Whereas  the  exemptions' intended  and  provided  by  the  act  of  preamble 
assembly  entitled  an  act  providing  for  the  exemption  of  certain  par- 
ties upon  religious  grounds,  passed  March  twenty-ninth,  eighteen 
hundred  and  sixty- two,  by  subsequent  legislation  of  the  congress  of. 
the  Confederate  States,  may  have  been  rendered  of  none  effect  to 
parties  who,  upon  the  faith  of  said  act  of  assembly,  have  paid  money 
to  the  state  according  to  the  provisions  thereof:  Therefore, 

1.   Be  it  enacted  by  the  general  assembly  of  Virginia,  that  in  all  when  money  t* 
cases  where  such  persons  have  served  in  the  army  of  the  Confederate  audTtor"^^^  ^^ 


«^  •  ■         MILITARY   AFFAIRS. 

States,  in  pursuance  of  the  legislation  of  the.  Confederate  States,  or 
shall  have  paid  the  commutation  for  such  service,  as  specified  in 
the  legislation  aforesaid,  the  auditor  of  public  accounts  be  authorized 
and  required  to  issue  his  warrant  upon  the  treasury  of  the  common- 
wealtii,  in  favor  of  any  such  person  from  whom  commutation  money 
may  have  been  or  may  hereafter  be  received  into  the  treasury  under 
said  act  of  assembly,  or  who  may  have  served  in  the  confederate 
army,  and  shall  have  continued  in  servica  or  been  discharged  there- 
from, for  the  amount  actually  so  received,  but  not  including  any  costs 
attending  the  collection. 

When  sheriff  2.   That  any  sheriff  of  a  county  or  collector  of  taxes  for  a  city  or 

may  refund       »•  •■,■■,-,  r     ■  •tt 

town,  who  may  have  in  his  hands  commutation  money  received  under 
the  provisions  of  the  said  act  of  assembly,  and  not  yet  paid  into  the 
state  treasury,  be  atithorized  and  required  to  refund  the  same,  de- 
ducting his  commissions  for  collection,  to  such  person  or  persons  as 
aforesaid,  from  whom  the  same  may  have  been  collected ;  and  the 
receipts  of  the  parties  to  whom  such  repayments  shall  be  made,  shall 
be  vouchers  to  such  officers  in  their  settlements  with  the  auditor  of 
public  accounts,  required  by  said  act  of  assembly. 

Commencement      3.    This  act  shall  be  in  force  from  its  passage. 


Chap.  10. — An  ACT 'to  amend  and  re-enact  the  1st  section  of  an  act  entitled 
an  act  to  refund  Money  received  for  Exemption  from  Slilitary  Duty,  passed 
Januaiy  19,  1863. 

Passed  February  5,  186:5, 

Act  of  1863  •  1.    Be  it  enacted  by  the  general  assembly,  that  the  first  section  of 

amen  e  ^^^  ^^^  entitled  an  act  to  refund  money  received  for  exemption  from 

militaiy  duty,  passed  January  nineteenth,  eighteen   hundred   and 
sixty-three,  be  amended  and  re-enacted  so  as  to  read  as  follows:- 

When  auditor  to      "  §  1.   Be  it  enacted  by  the  general  assembly  of  Virginia,  that  the 
issue  warruri       auditor  of  pubUc  accouuts  be  authorized  and  required  to  issue  his 
warrant  on  the  treasury  of  the  commonwealth,  in  favor  of  any  person 
from  whom  commutation  money  may  have  been  or  may  hereafter 
be  received  into  the  treasury,  under  said  act  of  assembly,  for  the 
Coatg  amount  actually  so  received,  but  not  inchiding  any  costs  attending 

the  collection." 

Gommenccment      2.   This  act  shall  be  in  force  from  its  passage. 


MILITAKT  AFFAIK&     .  -49 


C'HAP.  11. — An  ACT  to  amend  and  re-enact  the  1st  section  of  an  act  entitled 
an  act  to  refund  Money  received  for  Exemption  from  Mllitarv  Dutj, 
passed  January  19,  1863,  and  for  other  purposes. 

Passed  March  19,  1863. 

1.  Be  it  lonaetcd  by  the  gen<?ral  assembly,  that  the  first  section  of  Acta  of  leffj 
an  act  entitled  an  act  to  refund  money  received  for  exemption  from 
military  duty,  passed  January  nineteenth,  eighteen  hundred  and 
sixty-three,  as  amended  and  re-enacted  by  an  act  entitled  an  act 
to  amend  and  re-enact  the  first  section  of  an  act  to  refund  money, 
received  for  exemption  fr^m  military  duty,  passed  February  fifth, 
eighteen  hundred  and  sixty  three,  be  amended  and  re-enacted  so  as  ■ 
to  read  as  follows^ 

"§  1.  Be  it  enacted  by  the  general  tisserably  of  Virginia,  that  the  wben  wnrrau? 
^inditor  of  public  accounts  be  authorized  and  required  to  issue  his 
warrant  on  the  treasury  of  the  commonwealth,  in  favor  of  any  per- 
son, or  his  personal  representative,  from  whom  it  may  appear,  by  the 
returns  of  the  sheriflfs  or  other  satisfactory  evidence,  commutation 
money  maj  have  been  or  may  hereafter  be  received  into  the  treasury, 
under  said  act  of  .assembly,  for  the  amount  so  actually  received,  but 
snot  including  any  costs  attending  the  collection  of  the  same." 

"2.^  This  s.ct  shall  be  in  forco  from  Its  passage.  Corameocemeot 


Chap.  12.-— An  ACT  to  amend  the  15th  section  of  chapter  20  of  the  Code. 
so  as  to  allow  but  one  Major  to  each  Kegiment. 

Passed  February  7,   1SC3. 

1.   Be  it  enacted  by  the  general  assembly,  that  the  fifteenth  sec-  CoJj  nmcndt-d 
tion  of  chapter  twenty-three  of  the  Code  be  amended  and  re-enacted 
80  as  to  read  as  follows : 

"  §  15.   There  shall  be  a  major  general  for  each  division ;  a  briga-  what  officers 
'dier  general  ^for  each  brigade;  a  colonel,  lieutenant  colonel  and  a  separatemiiHa^^ 
major  for  each  regiment ;  a  captain,  first  lieutenant  and  second  lieu-  «""°*°""'-'"^ 
tenant,  four  sergeants  and  four  corporals  for  each  company,". 

??.   This  act  shall  be  in  force  from  its  passage,  Commonceaicn'. 


Chap.  13. — An  ACT  authorizing  the  xiuditlng  Board  to  pay  Junior  Majors 
of  Militia  Reginients,  for  Service  actually  performed. 

Passed  Mflrch  19, 1863.  • 

1.   Be  it  enacted  by  the  general  assembly,  that  whenever  any  re-  Junior  ma-i,n, 
glment  of  Virginia  militia  has  been  called  into  service. by  competent  ^  ***  -^*. 
4 


•50  •  MILITARY  AFFAIRS. 

authority,  in  wliich  there  shall  have  been  two  majors  appointed  and 
commissioned  according  to  law,  and  the  junior  major  shall  have  ac- 
tually served  therein,  it  shall  be  lawful  for  the  auditing  board,  upon 
proof  of  such  service,  to  allow  compensation  to  the  said  junior  major 
for  the  time  he  shall  have  actually  served,  at  the  rate  of  one  hundred 
dollars  per  month ;  to  be  paid  as  other  allowances  made  by  them  are 
paid. 

Commencement      2.   This  Ect  shall  be  in  force  from  its  passage. 


Chap.  14. — An  ACT  amending  and  re-enacting  an  ordinance  of  the  Con- 
vention concerning  the  Aids  to  the  Governor. 

Passed  March  25,  1863. 

Ordinance  1.   Be  it  enacted  by  the  general  assembly,  that  the  ordinance 

amen  e  passed  June  twenty-ninth,  eighteen  hundred  and  sixty-one,  entitled 

an  ordinance  concerning  the  appointment  of  aids  by  the  governor  of 

the  commonwealth,  shall  be  and  is  hereby  amended  and  re-enacted 

,        .  80  as  to  read  as  follows  : 

Hnmber  of  aids  "  §  8.  The  governor  of  the  commonwealth  is  authorized  to  ap- 
appoi^r  ^'^^  point,  during  the  war,  three  aids,  with  the  rank  of  lieutenant  coloneS 
Who  to  receive  of  cavalry ;  but  only  one  of  said  aids,  to  be  designated  by  the  go- 
^^^  vernor,  shall  receive  any  pay,  emoluments  or  perquisites  for  his  ser- 

vices ;  and  he  shall  be  entitled  to  the  pay  of  captain  of  cavalry." 

Commencement      2.  This  act  shall  be  in  force  from  its  passage. 


Chap.  15. — An  ACT  establishing  an  Agency  in  the  City  of  Riclimonu,  for 
receiving  and  forwarding  Clothing,  Shoes  and  other  supplies  to  Virginie 
.   ^  Soldiers. 

Passed  March  9,  1863. 

Ji gent,  how  ap-  1.  Be  it  enacted  by  the  general  assembly,  that  the  governor  be- 
S^of  '  '^^  "  ^^^  ^^  i*  hereby  authorized  to  appoint  an  agent,  who  shall  reside  in 
the  city  of  Kichmond,  whose  duty  it  shall  be  to  receive  and  forward 
'  to  the  soldiers  and  officers  in  the  confederate  service  fro\n  the  stato 
of  Virginia,  any  contributions  of  clothing,  shoes  or  other  supplies 
which  may  be  furnished  by  the  families  or  friends  of  such  soldiers  or 
officers.  The  said  agent  shall  also  receive  and  take  care  of  all  hos- 
pital stores  that  may  be  contributed  or  purchased  for  the  use  of  tho 
sick  or  wounded  soldiers  of  Virginia,  and  shall  give  out  and  dispense 
the  same  on  requisitions  from  the  attending  physicians  or  Burgeons 
of  such  sick  or  wounded  soldiers. 

i>«pot,  how  pro-     2.  The  agent  so  appointed  shall,  under  the  direction  of  the  govcr- 


•grot,  provide  a  suitable  place  in  the  city  of  Richmond,  for  tlie  deposit 

and  safe" keeping  of  such  contributions  until  the  same  can  be  trans- 

^lorted  t-o  the  places  of  their  destination.     He  shall  make  such  ar-  TransportaUc^ 

irangeracnts  as  may  be  pyacticable  ^ith  the  quartermaster's  degart- 

nient  of  the  Confederate  States,  for  the  safe  and  speedy  transporta- 

'iion  of  such  contributions ;  and  he  may  hire  means  of  transportatioa, 

^.)r  with  the  ap^n'oval  of  the  goreraor,  he  may  purchase  wagons  and 

teams  for  that  purpose,  and  employ  teamsters  and  other  agents  to 

aid  and  superintend  the  saf«  and  sjjeedy  traBsmiseiott  of  articles  de- 

|)osited  with  said  agent.  ^ 

3.  It  shall  be  the  dttty  of  said  agent,  as  soon  as  he  sha!l  have  re-  Duty  of  as«nt 
•ceiv'ed  liis  appointment,  and  shaH  have  secured  a  suitable  place  of         ""  *^ 
deposit  for  the  oentributions  whi'ch  may  be  made,  to  advertise  for 

three  months,  in  all  the  newspapers  published  ia  the  city  of  Eich- 
aiond,  tfee  purposes  an^  objects  hi'  his  agency,  and  the  place  of  his 
location.     He  shall  receive  a  salary  not  exceeding  fifteen  hundred  Salary 
•dollars,  and  shall,  if  necessary,  employ  clerks,  not  esceeding  two  in  Ckrks 
Muraber,  who  shall  receive  a  salary  not  exceeding  seven  hu5'.dved 
'dollars  each  :  provided,  that  nothing  herein  contained- shall  prevent  Soid:prsn>:^J-t^ 
the  detailing  of  soldiers  unfit  for  field  daty,  to  act  as  the  agent  or 
telerks,  in  lieu  of  the  oi^cers  aforesaid,  whenever  the  conseat  of  the 
Confederate  States  goveraiasent  can  be  obtained  therefor :  provided,  Bond,  (iow  giv  » 
that  before  the  agent  to  fee  appointed  by  the  governor  shall  proceed 
to  discharge  the 'duties  of  his  agency,  he  shall  enter  iuto  bond  with 
*approvied  security,  befoj*e  the  clerk  of  the  circuit  court  of  the  city  of 
Eiehmoud,  in  the  penalty  of  twenty  thousajid  dollars,  with  a  condi- 
tion for  the  faithfwl  performance  of  all  the  duties  required  by  this 
^ct.     And  any  party  who  may  be  injured  by  the  default  or  negli-  Rpmeds-  again^ 
gence  of  said  agejit,  may  recover  Judgment  against  him,  by  motion,  "^^"^ 
^pon  ten  (days'  notice,  before  the  circ?^iit  court  of  the  c^lty  of  Eicb- 
euond. 

4.  In  Gi-der  'to  carry  owt  the  purposes  ef  this  act,  the  euro  of  Af^^ropnatioa 
''wenty-five  thousand  dollars  is  hereby  appropriated. 

5.  This  act  sfea»!l  be  iii  force  from  its  passage.  Ooraraeaceaien'- 


Chap.  16. — Am  ACT  to  mathorii,e  the  ^ise  of  the  Ss,\ls  ef  &e  State  by  the 
Coafederate  States. 

Parsed  March  Iv,  1860. 

1.    Be  it  enacted  by  the  general  assembly,  that  any  pet  son  'who  vrlicn  persous 
lias  been  or  may  be  hereafter   arrested  upon  due  authority,   and  po^ff^'e'J.^tg'',^'^, 
charged  with  violating  any  military  law  of  the  Confederate  States,  "'?y  ^''t*'°-"-, 
ghall,  upon  the  warrant  of  "commitment  of  the  officer   or  person 
snaking  the  arrest,  be  received  into  jail  by  the  jailor  of  any  county 


5U  •  MILITARY   AFFAIKS.— SALT- 

or  corporation  of  this  commonwealth,  and  by  3iim  safely  kept,  *€uord- 
iag  to  the  warrant  of  commitment,  until  discharged  by  the  proper 
Prc.vi:io.  authorities,  or  by  due  process  of  law.     But  this  section  shall  not  be 

construed  to  exclude  from  such  jail  any  prisoner  who  has  been  or 
may  be  committed  thereto  by  any  of  the  authorities  of  this  common- 
wealth. 

j'sea  of  j.uior  2.  The  jailor  shall,  for  the  support  of  any  such  prisoner,  be  paid 
by  the  Confederate  States  the  same  amount  allowed  bf  law  for  keep- 

Duty  of  jailor  ing"  and  feeding  other  prisoners.  And  the  jailor,  for  a  failure  of 
duty  as  to  any  such  prisoner,  shall  4)e  liable  to  the  Corifederate  States 
hi  like  manner  a^  he  %vould  to  the  state  in  case  of  a  prisoner  com- 
mitted under  its  authority. 


Con-.ajenceauC-nt 


3.   This  act  shall  be  iu  force  from  its  passage,  and  continue  in  force 
during  the  present  war. 


Chap.  17.— An  ACT  to  provide  for  the  Production  and  Distribution  of  Salt. 
Passed  March  30,  1863. 

Sarerintendent       !•   Bo  it  enacted  bj  the  general  assembly,  that  there  shall  be  and 

Sa;^ai-y"  ""  ^^  hereby  created  the  office  of  "superintendent  of  salt  works,"  with 
an  annual  salary  of  five  thousand  dollars,  payable  quarter  yearly. 

iiovr  oiected  Sucli  superintcudcut  shall  be  elected  by  the  general  assembly,  at  its 
present  session,  and  annually  thereafter,  while  this  act  is  in  force, 

HoTrraLcovabic  ^ud  shall  bo  removable  only  by  joint  vote  of  the  two  houses,  or  in 
the  recess  of  the  assembly, -by  the  boanl  of  supervisors  herein  after 

KoTic!,  hos^-  ^.Tcn  mentioned.  Ho  shall,  within  thirty  days  after  his  election,  enter  into 
bond,  with  sufficient  sureties,  before  the  secretary  of  the  common- 
wealth, to  be  approved  by  hini.  in  the  penalty  of  two  hundred  thou- 
sand dollars,  conditioned  for  the  faithful  discharge  of  his  duties  under 

-fncaBs  of.  ya      this  and  any  future  act.     In  case  said  superintendent  fail  to  execute 

~'^''^'^  said  bond  as  required,  or  from  any  cause  a  vacancy  may  occur, 

another  shall  be  appointed  by  said  board,  subject  to  the  same  terms 
and  conditions.  And  that  whenever  the  superintendent  shall  become 
interested  directly  or  indirectly  in  the  manufacture  or  sale  of  salt, 
his  office  shall  be  declared  vacant,  and  his  successor  appointed  by  the 
board  of  supervisors :  and  provided,  that  the  superintendent  who  shall 
be  elected  by  the  general  assembly,  shall  in  no  event  become  inte- 
rested in  the  property  leased  to  or  purchased  by  the  state,  as  sub- 
lessee or  snb-contractor,  or  otherwise. 

Outieis  of  a  n'O!"-      2.    The  saperjntendent  shall,  under  the  control  and  management 

rnrtodwt  ^f  ^jj^  board  of  supervisors,  manage  and  dispose  of  the  property, 

real  and  personal,  leased,  acquired  and  held  of  Stuart,  Buchanan  and 

Company,  under  a  contract  made  by  the  commonwealth  with  said 

Stuart,  Buchanan  and  Company,  bearing  dat^  the  twenty-fifth  day  of 


^  '  SALT.  53 

Mareb,  eigliteen  hundred  and  sisty-three,  and  ■sueli  otlier  propertj  as 
may  be  acquired  under  the  provisions  of  this  act.  He  shall  also,  un-  Pcwfcr*..  nrici'^r 
<der  the  like  control  of  said  board,  have  power  to  lease  any  real  pro- 
perty, and  to  purchase  any  personal  property  necessary  to  secure  a 
supply  of  salt  foi*  the  people  of  the  eomraonwealth,  and  the  distribu- 
tion of  the  same ;  to  contract  for  all  Beedful  supplies,  and  to  hire  a5l 
necessary  labor  for  operating  the  said  works ;  and  if  unable  to  agree 
upon  the  prices  to  be  paid  for  said  leases  or  personal  property,  sup- 
jdies  and  labor,  with  the  owners,  he  shall  have  power  to  impress  the 
same,  under  the  control  of  said  board ;  and  if  the  said  Stuart,  Bu- 
chanan and  Company  ehall  fail  to  comply  with  their  said  contract,  or 
any  part  thereof,  the  said  superintendent  shall  have  the  like  power 
and  authoritj^'to  impress  their  property  described  in  said  contract. 

3.  The  board  of  public  works  sfisill,  es-oflSeio,  constitute  a  board  Boarf7,  hc,-=»  to-i- 
of  supervisors.     The  members  Oif  said  board,  in  addition  to  the  salary 

and  expenses  now  paid  them  bj'  law,  shall  be  paid  their  necessaiy 
traveling  .espenses  umler  tliis  act. 

4.  It  shall  be  the  duty  of  the  superintendent,  linder  the  control  of  Dnty  of  KniKr- 
the  board,  to  confirm  and  continue  the  existing  teases  of  the  four  t"  confirm  aud 
furnaces  now  leased  .to  Clarkson,  Friend',  Kelley  and  Gardner,  except^'"^'^""^^!^'''"'^'* 
4hat  in  the  event  of  the- failure  of  any  of  these  lessees  to  comply  with 

4he  terms  -aed  provisioas  of  their  contracts  of  lease,  he  shall  resume 
possession  of  the  same,  ao^d  eitlier  relet  the  furnace  to  other  parties, 
or  he  shall  operate  it  for  the  commonwealth,  as  ehall  appear  expedient. 
And  as  to  the  six  remaining-  furnaces  acquired  under  th«  contract  othorfuns&-c« 
aforesaid,  the  said  superintendent  sliall  have  power  and  authority  izi 
like  manner  to  either  lease  the  same,  or  any  of  them,  or  else  to  ope- 
rate them  for  and  on  behalf  of  the  coinojonwealtlj,  m  shall  appear 


5.    The  superintendent  shall  have  power  to  appoint,  and  remove  Suporiiuen'ient 
.at  his  discretion,  the  foTlowing  assistants,  viz:  one  deputy  manager,  lam^^"''^,''^^'*^ 
at  a  salary  of  two  thousajad  dollars,  and  one  elexlc,  at  a  salary  of  two  Th-.-ir  saiaric-s 
thousand  dollars- 

'6.   The  superintendent,  iftider  the  control  of  the  board  ■of  Gupervi-  Control  of  trtn*- 
sors,  shall  have  control  of  transportation  on  the  several  rail  roads  in 
the  commonwesilth,  for  the  conveyance  of  supplies  to  the  salt  works, 
and  for  distribution  of  salt  tliroughout  the  state,  with  power,' if  neces-  . 
sary,  under  like  control,  to  iriipress  the  same.     He  shall  make  distri-  SaU,  hew  gft-trs- 
"bution  among  the  several  counties,  cities  and  towns,  from  day  to  day, 
or  from  time  to  time,  and  in  quantities  proportioned  to  their  whole 
populations  repe«tively,  as  he  may  be  directed  by  the  said  board  -of 
supervisors  :  provided'  the  superintendent,  under  the  direction  of  the 
board  of  supervisors,  shall  distribute  salt  with  reference  to  cattle  and 
other  stock  requiring  salt,  after  distributing  twenty  pounds  to  each 
person. 

7.   Fox  the  purpose  of  ascertaining  the  value  of  the  property,,  real  VrIkk  of  im- 


54  SALT» 

iTPHSPd  pro-        ami  persocal,  impressed  under  the  second  section  of  this  act,  it  sTiaTB 
icrtained   ■''°     l>e  lawful  for  the  superintendeat  to  appoint  one  assessor,  and  the 
owner  or  owners   another  assessop,  and  these  two  shall  appoint  a 
3>Titv  of  assps-    third  ;  and  it  shalJ  be  the  duty  of  these  three,  or  a  majority  of  them^ 
to  assess  the  value  of  all  pyopertj  impressed  uiader  this  aet.     They 
shall  make  duplicate  statements  ©f  every  aueh  assessment,  and  whicb 
being  endorsed  by  the  superintendent,  they  shall  return  one  copy 
thereof  to  the  board  of  supervisors,  and  deliver  the  othe?  to  the 
owner  of  the  property  taken.     Upon  such  certified  statement,  the 
owner  may  demaiid  and  receive*  payment  from  the  treasury  of  the 
ii'oxr,  in  case      amount  SO  assessed.     If  the  owner  iii  any  case  fail  or  refuse  to  ap- 
appt>int  assessor  point  an  assessor,  the  assessment  shall  be  made  by  the  assessor  ap- 
pointed by  the  superintendent;  and  thereupon, like  pr9«eedings  shaH 
he  had  as  m  other  cases.  ,      ^  • 

Assessoi-H  of  real  8.  For  an  assessmcBt  for  the  use  of  yeal  property,  the  board  &i 
Sppolated  °^  supervisors  shall  appoint  the  assessor  ob  behalf  of  the  eomnaonwealth. 
an'd  said  board  shall  .select  the  arbitrator  to  be  ©hosea  by  the  state, 
ander  the  contract  v.ith  Stiiart,  Buchanaa  and  Company,  for  ascer- 
taining the  price  to  be  paid  f«-r  the  lease  and  property  agreed  to  be- 
sold  by  said  ©ontnict. 

Appeal,  -nrhen  9.  Api>eal  shall  lie  from  the  decisioa  of  the  assessors  to  the  circuit 
court  of  tlie  county  or  corporation  in  which  the  property  is  impressed ; 
and  the  proceedings  shall  be,  mutatis  mutai^dis,  according  to  the 
eleventh  and  twelfth  sectiosis  of  chapter  fifty-six  of  the  Code  of  Vir- 
ginia, edition  of  eighteen  hundred  and  sisty;  except  that  the  com- 
monwealth shall  not  be  required  to  pay  the  money  into  court,  nor  to 
the  party  entitled  thei"eto,  before*  the  decision  of  the  appeal ;  nor 

Ko  ;iijiinct;o.n  to  shall  any  court  or  judge  grant  injunction,  for  any  cause,  to  i-estrain 
the  commonwealth  from  taking  possession  of  the  property  impressed. 


l>o  granted 


VRjuation,  bow       10.   The  superintendent's  certificate,  approved  by  the  board  of 
''^"^  supervisors,  shall  entitle  the  holder,  whose  property  may  have  beoi 

purchased  or  hired,  to  present  the  .same  to  the  auditor  of  pabUc  ac- 
counts, and  receive  payment  thereof;  and  in  like  manner  shall  en- 
title Stuart,  Buchanan  and  Company  to  teceive  the  amount  that  may 
be  ascertained  to  be  due  them  under  the  contract  aforesaid. 

Suit,  how  3oM         12.    The  salt  SO  manufactured  shall  be  sold  at  cost,  for  cash,  and 

^.■ai  de.ivered      ^^  distributed  to  the  different  counties,  cities  and  towns,  through  duly 

accredited  agents,  to  be  appointed  by  the  county  and  corporation 

courts  respectively,  or  where  said  courts  cannot  meet  because  of  the 

'  presence  or  proximity  of  the  public  enemy,  by  the  board  of  super- 

.  visors,  on  tlie  recoramejidation  of  any  three  o^  more  justices  of  said 

county,  or  of  the  senator  and  delegate  or  delegates  representing  such 

i-^ice,  how  fixed  county  in  the  general  assembly:  and  in  osder  to  do  so,  it  shall  be 

the  duty  of  the.  board  of  supervisors  from  time  to  time  to  ascertain, 

as  near  as  may  be,  the  actual  cost  of  production  and  distribution. 

and  fix  the  price  accordingly,  so  as  to  cover  such  entire  cost. 


SALT.  55 

12.  Any  surplus  of  salt,  after  supplying  the  wants  of  the  people  surplus,  how 
of  this  state,  may  be  sold  to  the  confederate  government,  or  to  any  '^^°^^ 

of  the  states,  or  to  citizens  thereof,  under  rule*  and  regulations  to  be 
prescribed  by  the  board  of  supervisors. 

13.  The  superintendent  shall  make  monthly  reports  of  his  trans-  Monthly  reportg 
actions  to  the  board,  and  shall  account  to  them  for  all  funds  received  dent  ' 

by  him,  and  shall  pay  the  same  into  the  treasury,  when  ordered  by 
the  said  board. 

14.  The  board  of  supervisors  shall  make  report  of  their  proceed-  Monthly  reports 
ings  under  this  act,  monthly  to  the  governor,  and  shall  also  report  to  pervisors 

the  general  assembly,  at  each  of  its  sessions  during  the  continuance 
of  this  act. 

15.  The  sum  of  one  million  of  dollars  is  hereby  appropriated  to  Amount  appro 
carry  into  effect  the  provisions  of  this  act,  to  be  paid  out  of  any 

money  in  the  treasury  not  otherwise  appropriated ;  and  such  additional 
sums  are  hereby  appropriated  as  mnj  be  paid  into  the  treasury  from 
time  to  time  from  the  proceeds  of  the  sale  of  salt,  or  so  much  thereof 
as  may  be  necessary  for  the  purposes  of  this  aot. 

16.  All  acts  and  parts  of  acts  inconsistent  with  this  act  are  hereby  Eepeaiingdang» 
repealed. 

17.  This  act  shall  be  in  force  from  its  passage,  Commencem^m 


Chaf.  18. — An  ACT  to,  authorize  the  appointment  of  an  Inspector  of  Salt. 
Passed  March  30,  1863. 

1.  Be  it  enacted  by  the  general  assembly,  that  the  board  of  public  inspector  of 
works  shall  appoint  an  inspector  of  salt,  to  reside  at  Saltville;  and  pointed^  "^ 
for  every  five  bushels  thereof  inspected,  one-half  of  one  cent  shall 

be  charged,  and  at  that  rate  for  any  less  quantity  than  five  bushels; 

which  fees  shall  be  paid  to  the  inspector  by  the  producer  of  the  salt; 

and  no  salt  shall  be  transported,  sold  and  delivered,  or  removed  from  sait  to  be  in- 

the  place  where  it  is  produced,  unless  inspected.  spected 

2.  The  board  of  public  works  may  cause  the  salt  produced  by  the  Salt  of  state  to 
state  to  be  inspected  in  like  manner,  and  for  which  like  fees  may  be   ^  '"^p**^ 
paid  to  the  inspector.     If  any  person  shall  transport  or  remove,  or 

attempt  to  transport  or  remove,  or  sell,  or  offer  to  sell  any  salt,  with- 
out the  same  having  been  inspected,  he  shall  forfeit  five  dollars  for 
each  bafrel,  cask,  box  or  bag  go  transported,  removed  or  offered  for  , 

sale.    • 

« 

3.  The  board  of  public  works  may  prescribe  further  rules  and  re-  Rules  and  re^u- 
gulations  for  the  inspection  of  salt;,  but  no  inspection  shall  be  had  of  scribed  """P^^" 
salt  manufactured  by  the  agents  manufacturing  for  other  states. 


56  SALT. CHANGES   IX    CODE. 

•  *  4.  Any  inspector,  -with  the  approbation  of  the  board  of  public- 
works,  may  appoint  one  oV  more  deputies  to  assist  hiin,  for  whose 
acts  his  principal  shall  be  liable,  and  be  entitled  to  the  same  fees  as 
his  own. 

5.   All  acts  and  parts  of  acts  inconsistent  with  the  provisiana  of 
this  act  are  hereby  repealed. 

CoanntEeement      6.    This  act  shall  be  in  force  from  its  passage. 


Chap.  19. — An  ACT  to  amend  and  re-enact  an  act  entitled  an  act  to  amend 
section  tl  of  chapter  29  of  the  Code,  so  a.s  to  exempt  the  pFoperty  of  per- 
sons in  the  military  service  of  the  State  from  distress  for  rent  payable  in 
money,  passed  February  19th,  1862. 

Passejl  February  16,  1863. 

Aet  of  1662  1.    Be  it  enacted  by  the  general,  aisserably,  that  the  act  entitled  aa 

aaienited  "  ^ct  to  amend  the  eieventh  section  of  chapter  twenty-nine  of  the 
Code,  so  as  to  exempt  the  property  of  persons  in  the  military  service 
of  the  state  from  distress  for  rent  payable  in  money,  passed  February 
nineteenth,  eighteen  hundred  and  sixty-two,  be  amended  and  re-en- 
acted so  as  to  read  as  follows : 

Legal  proceed-  "  §  11.  No  proceeding  shall  be  had  at  law  or  in  equity  against  the 
wnsin  nSiUar"  pcrson  or  property  of  any  one  ordered  into  actual  service,  whether  of 
Heryiee  ^-^-^^  State  or  the  Confederate  States,  or  against  his  surety,  from  the 

time  such  person  shall  be  ordered  to  the  place  of  rendezvous  until 
thirty  days  after  his  tei-m  of  service  shall  have  expired ;  and  if  any 
such  proceeding  lias  been  or  shall  be  comnicnced,  the  court  in  which, 
or  the  justice  before  whom  it  may  be  had,  at  any  stage  of  such  pro- 
ceedings, in  the  discretion  of  said  court  or  justice,  may  dismiss,  dis- 
continue or  stay  the  same,  or  make  such  other  order  in  regard  thereto 
as  may  be  deemed  proper  to  give  effect  to  the  provisions  of  this  sec- 
tion :  nor  shall  the  property  of  any  person  be  sold  under  any  deed  of 
trust  while  he  is  in  such  actual  military  service,  nor  for  thirty  days 
after  his  term  of  service  shall  have  expired.  The  exemption  provided 
by  this  section  shall  not  apply  to  proceedings  in  criminal  cases,  nor 
to  any  suit  or  proceedings  against  any  person  for  a  tort,  nor  to  any 
person  who  shall  have  incurred  a  liability  as  an  oiEcer  of  the  com- 
monwealth or  of  any  court,  or  to  any  of  his  sureties  as  such  officerr 
or  to  any  person  who  shall  have  employed  a  substitute  to  perform  hia 
tour  of  duty ;  nor  shall  it  prevent  the  giauting  or  reinstating  of  any 
,  injunction:  provided,  however,  that  trials  in  actions  for  tortagainst 
such  persons  may  be  stayed  by  the  court  in  its  discretion  in- which 
such  action  is  brought,  so  long  as  such  persdn  may  be  in  such  actual 
jpailita^iy  service."  , 

(ijqiDHiencemeiat      2.   Thjs  act  sliall  be  iu  force  from  its  passage. 


CHANGES   IN   CODE.  57 


Chap.  20. — An  ACT  amending  and  re-euactiug  the  19th  .section  of  chapter 
61  of  the  Code  of  Virginia  (edition  of  I860),  so  as  to  require  Eail  Road 
Companies  to  give  receipts  showing  the  Weights  for  Freights. 

Passed  March  II,  1363. 

1.  Be  it  enacted  by  the  general  assembly,  that  the  nineteenth  sec-  Code  amended 
tion  of  chapter  sixty-one  of  the  Code  of  Virginia  (edition  of  eighteen 
hundred  and  sixty),  be  amended  and  re-enacted,  so  as  to  read  as 

follows : 

"  §  19.  On  a  rail  road  on  which  different  rates  are  not  prescribed  by  Rates  of  trane- 

.  f.       1,  IP  •  portation  on 

law,  the  followmg  rates  of  toll  may  be  charged  tor  transportation,  to  persons  and  pro- 
wit  :  Of  a  person  and  his  baggage,  within  a  hundred  and  fifty  pounds, 
not  exceeding  six  cents  per  mile :  of  produce  and  other  articles,  ex- 
cept gypsum,  lime,  guano,  and  other  specific  manures,  not  exceeding 
eight  cents  per  ton  per  mile;  and  gypsum,  lime,  guano,  and  other 
specific  manures,  not  exceeding  four  cents  per  ton  of  twenty- two  hun- 
dred and  forty  pounds  per  mile;  and  for  the  transportation  of  any 
person,  or  of  any  produce  or  other  articles  for  a  distance  less  than  t(?n 
miles,  a  charge  may  be  made  at  the  foregoing  rates  as  for  ten  miles : 
and  where  articles  weigh  less  than  four  pounds  to  the  cubic  foot,  a  what  rates 

•  c       r  -I     "'liPD  articles 

toll  may  nevertheless  be  charged  on  each'cubic  i«ot  as  tor  lOur  pounds  weigh  less  thim 

weight :  and  when  the  articles  in  any  one  consignment  weigh  less  """^  ^°^^       • 

than  one  hundred  pounds,  a  toll  may  be  charged  on  the  same  as  for 

one  hundred  pounds  weight.     If  for  the  transportation  of  anj'  person 

with  his  baggage,  or  for  any  consignment,  the  whole  charge  at  the 

rates  before  mentioned  would-be  less  than  twenty-five  cents,  the  same 

may  nevertheless  be  charged  as  a  minimum.     Receipts  shall   be  Receipts,  how 

.   '  ....  given 

given  for  transportation  of  articles,  in  which  shall  be  specified  the 
weight  of  such  articles,  and  the  rates  of  toll  thereon  changed,  accord- 
ing to  such  weight,  except  where  such  articles  weigh  less  than  four 
pounds  to  the  cubic  foot.  For  the  weighing,  storage  and  delivery  Charge 
of  articles  at  any  depot  or  warehouse  of  the  company,  a  charge  may 
also  be  made,  not  exceeding  the  ordinary  warehouse.!  rates  charged 
in  the  town  in  which  or  nearest  to  which  the  depot  or  warehouse 
is  situated." 

2.  This  act  shall  be  in  force  from  its  passage.  Commencemcci 


Chap.  21.— An  ACT  t(»  amend  the  43d,  44th  and  45th  sections  of  chapter  87 
of  the  Code,  so  as  to  increase  the  Fees  of  Tobacco  Inspectors. 


Passed  March  3,  1863. 


1.  Be  it  enacted  by  the.  general  assembly,  that  the  forty-third,  forty-  Code  amended 
fourth  and  forty-fifth  sections  of  chapter  eighty-seven  of  the  Code  of 
Virginia  (edition  of  eighteen  hundred,  and  sixty),  be  amended  and 
re-enacted  so  as  th  read  as  follows : 


58 


CHANGES    IN    CODE. 


Fees  to  iuspec-  "  §  43.  •  There  shall  be  paid  to  said  inspectors,  for  each  hogshead 
or  cask  inpected  by  them,  one  dollar  for  opening,  inspecting,  cooper- 
ing up,  furnishing  nails,  marking  and  weighing  it. 

Fees  "  §  44.   For  every  hogshead  or  cask  of  the  weight  aforesaid,  of  in- 

spected tobacco,  received  on  storage  at  any  warehouse,  there  shall  be 
paid  to  the  inspector  thereof  one  dollar  for  opening  one  head,  break- 
.  ing  the  tobacco  in  one  place,  coopering  up  the  same,  the  necessary 

nails,  and  turning  it  into  the  house  again. 

"  §  45.  There  shall  be  paid  to  the  inspectors,  for  each  hogshead  or 
cask  delivered  out  of  their  warehouse,  fifty  cents ;  and  for  putting 
into  good  order  each  hogshead  or  cask  noted  by  them  to  be  in  bad 
order,  seventeen  cents."  '• 

Commencement  2.  This  act  shall  be  in  force  from  its  passage,  and  until  the  expira- 
tion of  six  months  after  the  conclusion  of  the  existing  war. 


m     Code  amended 


CiiAP.  22. — An  ACT  to  amend  aud  re-enact  section  41,  chapter  .58  of  the 
Code  of  Virginia  (edition  of  1860),  so  as  to  authorize  Banks  to  increase 

their  Contingent  Funds. 

Passed  March  7,  1803. 

1.  Be  it  enacted  by  the  general  assembly,  that  section  forty-one, 
chapter  fifty-eight  of  the  Code  of  Virginia  (edition  of  eighteen  hun- 
dred and  sixty),  be  amended  and  re-enacted  so  as  to  read  as  follows : 

Rate  of  dividend  "  §  41.  There  shall  be  no  dividend  of  profits  of  a  higher  rate  than 
Surplus  fund  six  per  centum  per  annum  on  the  capital  paid  in,  until  the  bank  shall 
have  a  surplus  or  contingent  fund  arising  from  profits,  of  at  least 
five  per  centnra  of  its  capital  stock :  nor  shall  any  dividend  of  pro- 
fits be  made,  by  wliich  such  fund  is  reduced  below  the  said  five  per 
centum.  But^the  said  fund  is  not  at  any  time  to  be  more  than  twenty 
per  centum  (on  the  capital  paid  in)  over  and  above  the  bad  and 
doubtful  debts.  So  much  of  said  fund  as  may  have  accrued  at  any 
branch,  shall  be  left  with  such  branch  until  it  may  be  wanted  to  meet 
losses  sustained  by  the  bank." 

Commencement      2.    This  act  shall  be  in  force  from  its  passage. 


Limitation  of 
aurplus  fund 


Code  amended 


Cll.\P.  23.^An  ACT  to  amend  and  re-enact  section  22  of  chapter  108  of  the 
Code  of  Virginia  (edition  of  1860). 

■  Passed  January  24,  1863 

1.    Be  it  enacted  by  the  general  assemlily  of  Virginia,  that  the 
twenty -second'«ection  of  chapter  one  hundred  and  eiglit  of  the  Code 


CHANGES   IN   CODE.  .  59 

of  Virginia  (edition  of  eighteen  hundred  and  sixt}'),  be  amended  and 
re-enacted  so  as  to  read  as  follows  :  ' 

"  §  22.   The  commissioner  shall  alphabetically  arrange  each  of  the  Duty  of  commis- 
books  so  to  be  kept  by  him,  and  shall  make  and  subscribe  an  affidavit 
therein,  to  the  effect  that  he  has  pursued  the  directions  in  this  act,  ac- 
cording to  the  best  of  his  skill ;  and  he  shall  return  his  said  books  to 
the  clerk  of  the  court  of  his  county,  on  or  before  the  first  day  of 
June.     In  addition  to  the  compensation  now  allowed  by  law  to  com-  Compensation 
raissioners  of  the  revenue,  the  sum  of  three  cents  shall  be  paid  to 
every  such  commissioner,  for  eabh  birth  and  death  listed  and  reported 
to  the  county  or  corporation  clerk  in  said  commissioner's  district, 
under  the  provisions  of  this  chapter,  and  that  the  same  be  paid  out 
of  the  public  treasury,  upon  the  certificate  of  the  county  or  corpora- 
tion court,  setting  forth  the  number  of  births  and  deaths  returned, 
and  that  the  said  returns  have  been  accurately  and  fully  made,  accord- 
ing to  the  laws  regulating  the  same,  and  within  the  time  prescribed  . 
thereby.     If  the  auditor  of  public  accounts  shall  be  of  opinion  that  Duty  of  auditor 

.     ,       ,  .     ,  1     T        1  111    iu  certain  cases 

the  lailure  to  return  a  report  oi  the  births  and  deaths  to  the  clerk 
within  the  time  prescribed  by  law,  was  unavoidable,  he  may,  not- 
withstanding such  failure,  pay  such  claim." 

2.    This  act  shall  be  in  force  from  its  passage.  ComnseneemeB! 


CliAP.  24. — Au  ACT  to  amend  the  12th  section  of  chapter  10  of  the  Code  of 
Virginia,  so  as  to  extend  the  time  for  filing  Complaint  in  cases  of  Con- 
tested Elections. 

Passed  January  27,  1863. 

1.   Be  it  enacted  by  the  general  assembly,  that  the  twelfth  sec- Code  amended 
tion  of  chapter  ten  of  the  Code  of  Virginia  (edition  of  eighteen  hun- 
dred and'sixty),  be  amended  and  re-enacted  so  as  to  read  as  follows : 

"  §  12.    The  returns  of  the  elections  of  justices  of  the  peace,  of  Returns,  hov»- 
clerks  of  the  county  and  circuit  courts,  of  attorneys  for  the-common- 
wealth,  surveyors,  sherifis,  commissioners  of  the  revenue,  constables 
and  overseers  of  the  poor,  under  this  act,  shall  be  subject  to  the 
enquiry,  determination  and  judgment  of  the  respective  county  and 
corporation  courts,  or  of  the  county  court,  in  case  the  election  was 
for  a  county  and   city,  upon   complaint  of  fifteen  or  more  of  the  Complaint,  how 
qualified  voters  of  the  county  or  corporation,  or  of  the  proper  dis- 
trict, when  the  officer  is  elected  by  a  district,  of  an  undue  election  or 
false  return ;  two  of  whom  shall  take  and  subscribe  an  oath  or  affir- 
mation  that  the  facts  set  forth  in  such  complaint  are  true,  to  the  best 
of  their  knowledge  and  l^elief.    #.nd  the  said  courts  shall,  in  judging  Duty  of  courts 
of  said  elections,  proceed  upon  the  merits  thereof,  and  shall  deter- 
mine filially  conceiniing  the  same,  according  to  the  constitution  and 
laws  of  this  commonwealth:  and  such  complaint  shall  not  be  valid,  Time  when  «om- 


60 


CHANGES    IN    CODE. 


plaint  shall  be 
filed 


Duty  of  clerk 


Proviso, 


or  regarded  by  tlie  court,  unless  the  same  shall  have  been  filed  within 
twenty  days  after  the  election,  in  the  clerk's  oiBce  of  the  proper 
court:  and  when  the  complaint  is  of  undue  election  or  false  return 
of  a  justice  of  the  peace,  the  clerk  of  the  said  court  shall  imme- 
diately certify  to  the  governor  the  decree  of  said  court,  when  made, 
and  in  whose  favor  such  contested  election  shall  have  terminated ; 
and  the  governor  shall  then  commission  such  person  in  whose  favor 
such  contested  election  terminated.  And  in  said  last  mentioned 
contested  elections,  in  case  such  complaint  be  filed  in  due  time,  the 
clerk  shall  transmit  by  mail,  immediately  to  the  governor,  a  certified 
copy  thereof:  and  in  such  case,  no  commission  shall  be  issued  until 
the  court  shall  have  determined  and  adjudged  on  such  complaint  aa 
aforesaid :  provided,  however,  that  when  the  complaint  is  of  the 
undue  election  and  false 'return  of  a  justice  of  the  peace,  all  the 
justices  composing  the  court  shall  be  summoned  for  the  trial  of  the 
complaint,  and  a  majority  of  those  not  interested  in  the  contest  shall 
be  present.". 


Commencement      2.   This  act  shall  be  in  force  from  its  passage. 


Code  amended 


Chap.  25. — An  ACT  amencling  and  rc-onacting  tlie  2ntl  and  oth  sections  of 
>     chapter  34  of  the  Code  of  Virginia,  entitled  Virginia  Military  Institute.   ^ 

Passed  March  30,  1863. 

1.  Be  it  enacted  by  the  general  assembly,  that  the  second  section 
of  chapter  thirty-four  of  the  Code  of  Virginia  be  amended  and 
re-enacted  so  as  to  read  as  follows : 


Board  of  visi- 
tors, how  ap- 
pointed 


Board  a  fcorpo- 
ratiou 


"  §  2.  There  shall  be  a  board  of  visitors  for  the  institution,  com- 
posed of  the  adjutant  general  and  eight  other  persons,  two  of  whom 
shall  be  appointed  from  each  grand  division  of  the  state,  and  four 
new  members  shall  be  appointed  every  second  year ;  the  appoint- 
ments to  be  made  by  the  governor,  by  and  with  the  advice  of  the 
senate.  They  shall  be  and  are  hereby  declared  to  be  a  corporation, 
and  as  such,  may  sue  and  be  sued  for  any  cause  or  matter  which  has 
heretofore  arisen,  as  well  as  for  any  cause  or  matter  which  may  here-' 
after  arise." 

Code  amended  2.  That  the  fifth  section  of  the  thirty-fourth  chapter  of  the  Code 
of  Virginia  (edition  of  eighteen  hundred  and  sixty),  is  hereby 
amended  and  re-enacted  so  as  to  read  ag  follows : 

"  §  5,  Such  reasonable  expenses  as  the  visitors  may  incur  in  the 
discharge  of  their  duties,  shallbe  ^id  out  of  the  funds  of  the  insti- 
tute." 


Commencement      3.    This  act  shall  be  in  force  from  its  passage. 


CHANGES   IN    CODE.  61 


Chap.  2G. — An  ACT  to  amend  and  re-enact  the  12tli  section  of  chapter  20 
of  the  Code  of  Virg'inia,  so  as  to  compensate  the  Printer  to  the  Senate  for 
printing  and  binding-  the  Journals  of  the  Senate  at  Extra  Sessions. 

Passed  March  4,  1863. 

1.  Be  it  eu acted  by  the  general  assembly,  that  the  twelfth  section  Code  amended 
of  chapter  twenty  of  the  Code  of  Virginia  be   amended  and   re- 
enacted  80  as  to  read  as  follows  : 

"  §  12.   The  senate  may  appoint  annually  a  printer  for  that  body,  Annual  salary  of 

I         t     11     1-1.  1*1  .I'l  1  -I  ^         i't  printer  to  senate 

who  shall,  tor  his  annual  salary,  print  and  have  bound  two  hundred 

copies  of  the  Journal  of  the  Senate,  with  the  index  thereto  of  its 

regular  sessions,  and  perform  such  other  duties  as  the  senate  by  its 

rules  requires ;  'and  all  other  work  which  he  may  do  by  order  of  the  Estra  work 

senate,  shall  be  deemed  extra  work,  and  paid  for  as  is  extra  work 

done  by  the  public  printer." 

2.  This  act  shall  be  in  force  from  its  passage.     .  Commenccnjent 


Chap.  27. — An  ACT  increasing  the  Compensation  of  the  Interior  Guard  at 
the  Penkentiary. 

Passed  March  26, 1863. 

1.  Be  it  enacted  by  the  general  assembly,  that  the  fifty-first  sec-  Code  amended 
tion  of  chapter  two  hundred  and  thirteen  of  the  Code  of.  Virginia 

(edition  of  eighteen  hundred  and  sixty),  be  amended  and  re-ehacted 
80  as  to  read  as  follows  :  '      "  : 

"§51.   The  compensation  of  the  said  guard  shall  be  allowed  and  Compotigation  of 
certified  by  the  board,  at  a  rate  not  exceeding  two  dollars  per  diem  ^"'^'^ 
for  each  person,  and  paid  by  the  general  agent." 

2.  This  act  shall  be  in  force  from  its  passage.  •  Commtncement 


CllAP.  28. — An  ACT  to  amend  and  re-enact  the  16th  and  l^th  sections  of 
the  ]  4th  chapter  of  the  Code  of  Virginia,  so  as  to  increase  the  Salaries  of 
certain  Officers  of  the  Penitentiary. 

Passed  March  28,  1863. 

1,  Be  it  enacted  by  the  general  assembly,  that  the  sixteenth  and  Code  amended 
eighteenth  sections  of  the  fourteenth  chapter  of  the  Code  of  Virginia 
bo  amended  and  re-enacted  so  as  to  read  as  follows  : 

"  §  16.   The-  superintendent  of  the  penitentiary  shall  receive  the  Salary  of  super- 
sum  of  two  thousand  dollars ;  the  first  assistant  keeper  one  thousand  salary  of  sssis 
dollars;  the  second,  third,  fourth,  fifth,  sixth  and  seventh  assistant  ^^'^ 


62 


CHANGES   15?   CODE. 


Salary  of  sur- 
geon 


keepers,  each  nine  hundred  dollars.  Moreover,  each  of  the  said 
assistant  keepers  shall  be  allowed  one  hundred  dollars  -n'orth  of  the 
manufactures  of  the  penitentiarj%  at  the  prices  fixed  by  the  director?; 
every  year  the  labor  and  the  manufactures  shall  amount  to  the  sura 
of  thirty-two  thousand  dollars.  The  surgeon  of  the  penitentiary  and 
public  guard  shall  receive  the  sum  of  one  thousand  dollars." 


Directore  "§  18.    The  directors  of  the  penitentiary  shall  receive  the  sum  of 

three  dollars  each  for  every  day's  attendance  on  th© board  :  provided, 
that  no  director  shall  receive  more  than  one  hundred  and  fifty  dollars 

Salary  of  clerk  per  annum.  The  clerk  of  the  penitentiary  shall  receive  one  thousanel 
dollars." 


Proviso 


Commencement 


2.  Provided,  that  the  compensation  for  services  herein  before  pre- 
scribed shall  remain  and  be  payable  until  the  expiration  of  one  year 
after  the  ratification  of  a  treaty  of  peace  between  the  Confederate 
States  and  the  United  States,  and  no  longer. 

.  3.   This  act  shall  be  in  force  from  its  passage. 


Code,  &c. 
amended 


Chap.  29. — An  ACT  concerning  Bonds  oi  Sheriffs. 
:  Passed  January  16,  1863. 

1,  Be  it  enacted  by  the  general  assembly,  that  chapter  sixteen. 
'  entitled  an  act  to  amend  the  fifth  section  of  chapter  forty-nine  of  the 
Code  of  Virginia,  as  amended  by  an  act  passed  June  third,  eighteen 
hundred  and  fifty-two,  concerning  bonds  of  sheriffs  and  other  col' 
lectors  of  taxes,  and  bonds  of  constables,  passed  December  twenty- 
third,  eighteen  hundred  and  fifty-seven,  be  amended  and  re-enacted 
80  as  to  read  as  follows : 


Bond  of  sheriffs 
and  sergeants 


Amount 


When  security 
deemed  insuffi- 
cient 

Auditor  may  pe^ 
tltson 


"From  every  person  elected  sheriff  of  any  county  or  corporation, 
and  from  every  sergeant  of  a  corporation  who  is  collector  of  the  taxes 
assessed  therein,  the  court  of  such  county  or  corporation  shall  take 
bond  with  sufficient  security,  in  such  penalty  aa  it  may  deem  suffi- 
cient ;  which  shall  not  be  less  than  double  the  aggregate  amount  of 
all  taxes,  militia  fines  and  other  public  dues  and  the  county  levy  and 
poor  rates  assessed  and  collectable  in  such  county  or  corporation  for 
the  year  next  preceding  the  official  term  of  such  sheriff  or  sergeant; 
but  the  penalty  of  such  bond  shall  in  no  case  be  in  a  sum  less  than 
thirty  thousand  dollars.  Such  bond  shall  be  for  the  term  for  which 
8uch  sheriff  or  sergeant  may  have  been  elected  or  may  continue  iu 
office.  If  the  security  in  the  bond  of  any  sheriff  or  sergeant  shall 
be  deemed  insufficient,  or  if  such  officer  shall  fail  to  pay  the  taxes, 
militia  fines  and  other  public  dues ;  or  if  the  same  be  iu  a  penalty 
less  than  this  act  requires,  the  auditor  of  public  accounts  may  petition 
the  court  of  the  county  or  corporation  for  a  new  bond ;  and  it  shall 
be  the  duty  of  the  court  to  examine  into  the  facts  of  such  petition  5 


CHANGES   IN    CODE.  .  63 

or  it  may,  without  such  petition,  require  tlie  e-secution  of  a  new  bond  New  bond 

in  a  penalty  according  to  this  act,  with  good  and  sufficient  security, 

and  may  at  once  suspend  the  official  duties  of  such  officer  until  such 

new  bond  be  executed  ;  and  if  the  same  be  not  executed  within  a  \vhen  court  to 

reasonable  time,  shall  remov'e  such  officer,  and  direct  an  election  to 

fill  the  vacancy." 

2.»  This  act  shall  be  in  force  from  its  passage  Commencement 


Ctiap.  30.— An  ACT  to  amend  the  39th  section  of  chapter  184  of  the  Code 
of  Virginia,  so  as  to  increase  the  Compensation  of  Clerks  of  Courts  for 
public  services. 

Passed  March  11,  1863. 

1.  Be  it  enacted  by  the  general  assembly,  that,  the  thirty-ninth  Code  amended 
section  of  chapter  one  hundred  and  eighty-four  of  the  Code  of  Vir- 
ginia (edition  of  eighteen  hundred  and  sixty),  be  amended  and  re- 
enacted  so  as  to  read  as  follows : 

"§  39.   There  shall  be  chargeable  in  every  county  or  corporation  CompenKation 

for  SGrvic63  to 

such  sum  as  the  court  thereof  ma}',  for  services  to  the  public  of  the  clerks 
county  or  town,  allow  its  clerk  and  the  sheriff  or  sergeant  attending 
it,  not  exceeding  for  one  year  four  hundred  dollars  to  its  clerk,  and    . 
seventy-five  dollars  to  its  sheriff  or  sergeant ;  and  the  corporation  Corporation  of 
court  of  Richmond  may  make  such  allowance  as  it  may  deem  proper 
to  its  clerk  and  sergeant,  for  services  for  which  no  other  compensation 
is  made  by  law." 

2.  This  act  shall  be  in  force  from  its  passage.  Commencement 


Chap.  31.— An  ACT  increasing  the  Compensation  of  Clerks  of  Courts 
during  the  existing  Avar. 

Passed  Miirtli  24,  18G3.      • 

1.   Be  it  enacted  by  the  general  assembly,  that  the  tenth  section  Code  amended 
of  the  one  hundred  and  eiglity-fourth  chapter  of  the  Code  of  Vir- 
ginia, of  eighteen  hundred  aud  sixty,  be  amended  and  re-enacted  bo 
as  to  read  as  follows,  to  wit : 

§  10.    A  clerk  of  a  county  or  corporation  court. 

Where  a  writing  is  admitted  to  rec6rd  under  chapter  one  hun-  Pee  for  rccorda 

dred  and  twenty-one,  for  every  thing  relating  to  it,  except  ""**'  ^"  *°* 

.  the  recording  in  the  deed  book,  to  wit ;  For  receiving  proof 
or  acknowledgment,  entering  orders,  writing  on  it  clerk'a 
certificate,  statement  of  deed  in  list  returned  to  court,  re^ 


64 


CHANGES   IN   CODE. 


Recordation  of 
plat 


Course 
IHied  book 


Deed  of  trust  on 
mortgage 


Swearing  wit- 

nesHes 


Recordation  of 
will 


Order  as  to  dece- 
dent's estate 


Swearing  per- 
Honal  represen- 
tative 


One  fee  where 
more  than  one 


Licenses 


Marriage  license 


Search 


Ortificai« 


Injunction  bond 


cording  in  minute  book,  and  posting  same,  and  embracing 

it  in  list  for  commissioner  of  the  revenue,  -  -   $  0  75 

For  recording  a  plat  of  not  more  than  six  courses,  or  for  a 

copy  thereof,        -  -  -  -  -  75 

For  every  course  above  six,     -  _•  _  .5 

For  recording  in  the  deed  book  such  writing  and  all  matter 
therewith,  except  plats,  or  for  recording  any  thing  not 
otherwise  providedTor,  for  every  thirty  words,  -  5 

In  lieu  of  the  said  allowance  of  five  cents  for  thirty  words, 
the  clerk  may,  for  recording  in  the  deed  book,  elect  to 
charge  the  following  specific  fees,  to  wit :  Where  the  wri- 
ting is  a  deed  of  trust  or  mortgage,  or  is  a  conveyance  of 
real  and  personal  estate,  or  of  real  estate  only,  -       1  20 

And  where  it  is  not  such,        -      *  -  -  -  50 

For  swearing  the  witnesses,  and  entering  in  the  order  or  mi- 
nute book  all  orders  in  relation  to  the  proof  of  a  will  which 
is  admitted  to  record  without  contest,  and  copying,  such 
orders  on  the  will,  -  -  -  -  75 

For  recording  a  will,  and  the  matter  recorded  therewith,  in 
the  will  book,  at  the  option  of  the  clerk,  five  cents  for  every 
thirty  words,  or  a  specific  fee  of  -  -  -  50 

If  there  be  an  order  committing  a  decedent's  estate  to  an 
officer,  for  entering  and  copying  such  order,  and  the  orders 
of  appraisement,  -  -  -  -  75 

If  any  personal  representative  qualify,  for  swearing  him  and 
his  surety,  making  out  bond,  entering  and  copying  on  the 
will  order  granting  probate  or  administration,  making  one 
copy  of  such  order  for  the  representative,  entering  and 
copying  orders  of  appraisement,  and  including  case  in  said 
list,       -    ■  -  -  -  -  -       1  50 

If  several  personal  representatives  qualify  on  the  same  estate,- 
during  the  same  term,  only  the  same  fee  shall  be  charged 
as  if  one  had  qualified,  to  wit,  -  -  -       1  50 

For  entering  and  copying  an  order  granting  a  license  and 

administering  an  oath  where  necessary,  -  -       1  20 

On  an  application  for  a  marriage  license,  for  administering  • 
and  writing  certificate  of  oath,  issuing  and  registering  li- 
cense, and  recording  and  giving  receipt  for  certificate  of 
the  marriage,       -  -     ■  -  -  -       1  50 

For  a  search  for  any  thing  above  a  year's  standing,  except 
where  the  clerk,  at  the  request  of  counsel,  searches  for  pa- 
pers in  a  pending  cause,      -  -     .  -  -  15 

For  recording  a  certificate  and  posting  a  copy  thereof  under 

the  second  section  of  chapter  one  hundred,        -  -  75 

For  making  out  an  injunction  bond,  administering  all  neces- 
sary oaths,  writing  proper  affidavits,  making  out  release  of 
errors,  copying  same  and  endorsing  on  the  summons  that 

•  such  bond  and  release  are  filed,  -  -  -      1  20 


J^ 


CHANGES    IN    CODE. 


©5 


20 

oO  Writ  of  ad  quod 
,„  damnum 
w  Caveat 

Summons  to  an- 
s^vtr  bill 


50 


Any  other  sum- 
mons 


30 


Copy  of  process 


Noting 


For  making  ont  any  other  bond,  administering  all  necessary  Any  otiier  bond 

oaths,  and  writing  proper  affidavits,  -  -    $1 

For  issuing  a  writ  in  the  nature  of  an  ad  quod  danmnm,      -       1 

On  receiving  tlie  copy  of  a  caveat,  for  entering  such  copy,    - 

For  issuing  a  summons  to  atiswer  a  bill,  with  an  endorsement 
thereon  of  an  injunction,  or  of  an  order  of  attachment,  and 
•recording  return  of  same,  .  _  . 

For  issuing  any  other  summons,  or  any  writ  not  particularly 
provided  for,  and  for  recording  the  return  where  proper  to 
do  so,  -  -  -  -    , 

For  each  copy  of  anj^  process  which  goes  out  of  the  office 
(with  such  process),  to  be  used  in  serving  it,  one-half  the 
fee  for  issuing  such  process. 

For  noting  in  the  process  book  any  decree,  order  or  process 
(except  a  summons  for  a  witness),  and  taking  a  receipt 
therefor,  -  -  -  .  .  30 

For  postage  paid  by  tlie  clerk  on  a  decree,  order  or  process, 
and  putting  in  or  taking  out  of  post  office  same,  double  the 
amount  of  such  postage. 

For  entering  in  any  suit,  or  in  a  motion  for  judgment  for 
money,  all  the  attorneys  for  each  party,  or  the  appearance 
in  proper  person  of  a  party  having  no  attorney  who  so 
appears,  -  -  -  -  -  15 

For  endorsing  and  filing  each  petition,  declaration,  bill,  an- 
swer, or  other  written  pleading,  each  bill  of  exceptions, 
demurrer  to  evidence,  special  verdict  or  case  agreed,  each 
written  notice  of  the  defence  relied  on  in  ejectment,  or  of- 
a  motion  for  judgment  for  nioney,  and  each  report  of  a  .  s 

commissioner,  and  for  entering  each  plea,  replication  or 
other  pleading"  which  is  not  written,     -  •  -  -  30 

For  endorsing  and  liling  all  the  depositions  and  affidavits  of  Depositionri 

witnesses,  filed  on  the  same  side  at  any  time,  or  all  the 
written  interrogatories  at  one  time  from  one  party  to  ano- 
ther, or  all  the  answers  filed  at  one  time  to  such  interroga- 
tories, or  the  exceptions  filed  at  one  time  by  either  party 
to  a  commissioner's  report,  -  -  -  30 

If  papers  be  filed  on  the  side  of  the  plaintiffs,  for  which  no 
particular  fee 'is  allowed,  a  fee  (not  for  each,  but  for  the 
whole)  of  -  -  -  -  -  30 

So,  also,  if  papers  be  filed  on  the  side  of  the  defendants,  fur 
which  no  particular  fee  is  allowed,  a  fee  (not  for  each,  but 
for  the  whole)  of  .  .  .  .  30 

For  issuing  an  attachment,  with  a  copy  of  the  rule  or  order 
for  the  same  (if  sent  out  therewith),  and  recording  the  re- 
turn thereof,  where  proper  to  do  so,  -  -  65 

For  issuing  a  scire  facias,  and  recording  the  return  thereof, 
or  for  issuing  a  commission  to  examine  witnesses,  admiuis- 
5 


Postage 


Appeartmce 


Filing  au<i  eii- 
dorfiiig'  pt^iition. 


Filing- papers  for 
pliiiutiffs 


Filing  for  defen- 
dants 


IgBuing  an  at- 
tachment 


Scire  facia* 


66 


CHANGES    m   CODE. 


Bockt'tuvg' 


Wliore  110  iui-y 
is  iitipajmek'd 

-Swearing  wll- 
nesK 


AdminigtHricg 

OHth 

Judgments;  do- 


I>ockctft;g 


Taxing  coetg 


EKt'ciition  re- 
turned by  con 
utaWu 


TraiiBcrspt  ot 
record 


tprtrig  oath  when  neceesary  as  the  foundation  thereof,  and 
writing  affidavit,  -       .  -         .       -  -    $0  80 

For  all  the  rules  entered  in  any  case  on  the  same  side,  at  the 
•ialc»  for  one  month,  where  any  thing  is  done  on  such  side 
at  said  rules,  hesidea  entering  or  filing  a  pleading  or  con- 
tinuing the  case,  -  -  -  -  40 

Where  no  proceedings  are  had  in  a  case  during  any  rules, 
except  to  corstiniie  it,  the  fee  shall  be  at  tHe  rate  of  thirty 
centa  for  every  quarter  of  a  year  the  case  is  so  continued, 
and  no  more. , 

l''or  docketing  any  suit,  or  any  motion  for  judgment  for  mo- 
ney (to  be  charged  only  once).  -  -  -  15 

Except  that  whi-re  an  action  or  motion  is  on  the  court  docket 
at  a  quarterly  term,  if  no  decision  or  continuance  be  en- 
U^red  on  it,  there  shall  be  a  fee  for  putting  it  on  the  docket 
at  the  next  term,  of  -  -  -  -  30 

Where  a  jury  is  impanneled,  for  swearing  the  jury  and  wit- 
nesses, -  -  -  -  -       1  00 

Where  no  jury  is  impanneled,  if  witnesses  be  examined  by 

the  court,  for  swearing  such  witnesses  for  either  part3%      -  30 

Where  a  witness  claims  for  his  attendance,  for  administering 
an  oath  to  him,  and  entering  and  certifying  such  atten- 
dance, -  -     .  -  _  -  50 

For  administering  any  oath  not  before  provided  for,  and  wri- 
ting a  certificate  thereof,  where  the  case  requires  one,       -  25 

For  ail  judgmevits,  decrees,  orders  and  proceedings  (except 
entries  of  pUuidings  and  matter  otherwise  provided  for), 
which  are  entered  on  the  same  d;iy,  for  the' same  persons, 
at  the  election  of  the  clerk,  five  cents  for  every  tlsirty 
words  (actually  written  on  the  minute  or  order  "Ijook,  or 
upon  the  rule  book,  when  final  judgments  are  entered 
therein),  or  a  specific  fee  of  -  -  -  30 

For  docketing,  under  chapter  one  hundred  and  eighty-six,  a 
judgment,  decree,  bimd  or  recognizance,  -  -  40 

For  taxing  costs  in  any  case,  on  one  side,  -  -  30 

And  if  the  case  has  been  i)ending  move  than  a  year,  then  for 
every  additional  year,  -  -  -  -         15 

When  an  execution  is  returned  by  a  constable  in  a  case 
wherein  there  is  no  appeal  from  the  justice's  judgment,  for 
filing  the  papers,  -  -  -  20 

And  if  the  clerk  issue  an  execution  in  the  case,  for  such  exe- 
cution and  all  his  other  services  in  the  case,  until  and  in- 
cluding the  record  of  the  return  oi'  said  execution  (if  it  be 
retnnicd  before  another  issues),  -  -  -  60 

For  any  other  execution,  the,ontry  in  the  execution  book,  and 
the  record  of  the  return,      -  -  -  -  60 

For  making  out  a  transcript  of  the  record  and  proceedings  in 
any  case,  in  due  form,  go  that  the  same  may  be  used  in 


CHANGES    IN    CODE. 


67 


an  appellate  coTirt,  for  every  thirty  words,  five  cents;  and 
for  making  ont,  in  any  other  manner  than  copying,  any 
paper  to  go  out  of  the  office,  which  is  not  otherwige  pro- 
vided for,  the  same,  or  in  lieu  thereof,  if  the  clerk  elect,  a 
specific  fee  of       -  -  -  -  -    S^  0  40 

For  any  copy  to  go  out  of  the  office,'  if  it  be  not  otherwise  Cupy 

provided  fur,  five  cents  for  every  thirty  words,  or  in  lieu 
thereof",  if  the  clerk  elect,  a  specific  fee  of  -  -  40 

For  annexing  the  seal  of  the  fcourt  to  any  paper,  writing  the  Annesiog  w  ..i 

certificate  of  the  clerk  accompanying  it,  and  writing  cer- 
tificate for  tlie  judge  or  presiding  justice,  if  the  clerk  be 
requested  so  to  do,  -  -  -  -  60 

2.   That  the  eleventh  section  of  said  chapter  be  amended  &>dc  lunondcd 

and  re-enacted  so  as  to  Vead  as  follows : 

§  11.    A  clerk  of  a  circuit  court. . 

For  a  writ  of  supersedeas  or  other  writ  not  u.sed  in  a  county 

court,  -  -  -  -  -  75 

For  making  out  the  bond  upon  issuing  any  such  writ,  ad- 
ministering necessary  oath,  and  writing  proper  affidavits,  «  7;") 

Upon  any  such  writ,  for  endorsing  and  filing  the  petition 
therefor,  or  when  the  writ  is  returned,  for  filing  it,  with  the 
return  thereon,     -  -  -  .       '    ,      _ 

For  filing  the  record  upon  an  appeal,  or  on  such  writ. 

When  the  clerk  of  the  court  of  appeals  issues  process  on  an 
appeal,  writ  of  error  or  supersedeas,  for  making  out  the 
bond,  administering  the  necessary  oaths,  writing  proper 
affidavits,  and  endorsing  on  the  process  a  certificate  of  the 
execution  of  the  bond,  and  of  the  names  of  the  sureties 
thereon,  -  -       •  -  -  -       1  25  " 

For  docketing  any  case,  a  fee  of  twenty-five  cents,  or  if  the  .  Docketing 

clerk  elect,  m  lieu  thereof,  five  cents  for  every  thirty  words 
entered  on  the  rule  book  when  it  is  first  docketed ;  this  fee 
for  docketing  to  be  charged  but  once,  except  that  when 
any  case,  either  at  law  or  in  equity,  is  on  the  court  docket, 
if  at  any  time  it  be  left  undecided,  without  an  order  of  » 

continuance,  there  shall  be  a  fee  for  putting'  it  on  the 
docket  at  the  next  term,  of  -     ^  -  .     -  40 

For  all  judgments,  decrees,  orders  and  proceedings  (except  Jntigmeatg,  &« 

entries  of  pleadings  and  matters  otherwise  provided  for), 
which  are  entered  on  the  same  day  for  the  same  persons, 
at  the  election  of  the  clerk,  five  cents  for  every  thirty  words 
(actually  written  on  the  order  book,  or  upon  the  rule  book, 
when  final  judgments  are  entered  therein),  or  a  specific 
fee  of  -  -  -  -  -    '       60 

After  a  decision  by  the  circuit  court  or  court  of  appeals,  as 
an  appellate  court,  for  issuing  an  execution,  making  copy 
thejeof  in  the  execution  book,  and  recording  the  return,  1  20 


Writ  of  tsnp<  r»e 


Endorsing  tvrit 

25 

25  FiliDg  record 

Keiis  when  clerk 
cf  court  of  !ip- 
pcaJs  ittftUt»pro 


OrdfM 


68 


CHANGES    IN    CODE. 


Fur  i 
lachi 


suing 
cnfs 


Unless  the  decision  be  by  the  court  of  appeals,  in  a  case 
wherein  the  first  judgment  or  decree  was  in  a  county  or 
corporation  court,  in  which  case  the  fee  shall  be  -   $  1  35 

Bai-nagf-s-  For  taxing  the  damages  to  which  a  party  may  be  entitled  by 

reason  of  an  injunction,  appeal,  writ  of  error  or  super- 
sedeas, -  -  -  -  -  60 

For  all  otlier  services,  the  same  fees  as  a  clerk  of  a  county 
or  corporation  court  for  similar  services ;  except  that  the 
clerk  of  a  circuit  may  charge— 

In  chancery  cases: 

For  issuing  an  attachment  or  summons,  Avith  an  endorsement 

of  an  order  of  attachment  or  injunction,  -  -75 

For  process  for  which  no  higher  fee  is  allowe^,      -  -  35 

If  when  a  bill  or  answer  is  filed,  there  be  filed  at.  the  same 
time  an  exhibit,  on  which  the  clerk  endorses  the  name  of 
the  case  and  the  day  it  is  filed,  for  every  such  exhibit,  .     -  5 

When  more  than  three  exhibits  are  returned  with  a  commis-    • 
sioner's  report  (but  not  annexed  thereto),  for  endorsing 
and  filing  such,  exhibits,  a  fee,  not  for  each,  but  for  all  filed 
with  the  same  report,  of      -  -  -  -  40 

If  papers  be  filed  on  the  side  of  the  plaintiff's,  for  which  no 
fee  is  before  provided,  a  fee,  not  for  each,  but  for  the  whole 
of  such  papers,  of  -  -  -  --40 

And  if  papers  be  filed  on  the  side  of  the  defendants,  for  whicli 
no  fee  is  before  provided,  a  fee,  not  for  each,  but  for  the 
whole  of  such  papers,  of      -  -  -  -  40 

For  entering  in  the  rule  book  the  return  of  all  process  re- 
turnable to  the  same  rule  day,  a  fee,  not  for  each  defen- 
dant named  therein,  nor  for  every  such  process,  but  for 
the  whole  of  the  defendants  named  in  all  such  process,  of  50 

For  all  the  rules  entered  in  any  case  on  the  same  side*at  the 
rules  for  one  month,  when  any  thing  is  done  on  such  side 
at  said  rules,  besides  entering  or  filing  a  pleading  or  con- 
tinuing the  case,  -  -  -  -  75 
E:iecuticD  For  any  execution,  the  entry  of  the  case  in  the  execution 
book,  and  the  record  of  the  return,  unless  a  higher  fee  be 
allowed  therefor,           '       -                -                -                -          ,75 


Proctss 
Exliiljito 


Exhjbi's  wiih 

H-.ommiiiBiODer's 

T<>pf>rt 


i^Uing 


Ilu!e 


Oonirafjncement       3.   This  act  sliall  be  in  force  from  its  passage,  and  continue  in  force 
RDd  continuation  1^1^ ^- J  ^^^^  ratification  of  a  treaty  of  peacc  between  the  Confederate 
States  and  the  United  States,  whereupon  the  laws  in  force  immedi- 
ately before  the  passage  of  this  act,  regulating  the  fees  of  clerks  of 
courts,  shall  be  deemed  to  be  in  force. 


CHANGES    IN    CODE.  f^O 


Chap.  32. — An  ACT  to  authorize  Town  Councils  and  County  Courts  to 
condemn  land  for  Hospital  purposes. 

Passed  i'anuarj'  26,  186.3. 

1.  Be  it  enacted  hj  the  gen^-al  assembly  of  Virginia,  that  the  Cok-  ameujed 
first  section  of  chapter  eighty-six  of  the  Ck)de  of  Virginia  (etlition  of 
eighteen  hundred  and  sixty),  bo  amended  and  re-enacted  so  as  to 

read  as  follows : 

"§  1.    The  comicil  of  any  town  or  the  court  of  any  county  may  Powor.^  ot  lonu- 
establish  in  such  count}',  or  m  or  near  such  town,  hospitals,  which 
shall  be  subject  to  regulations  not  contrary  to  law.  made  by  such         ♦ 
council  or  court;  and  if  they  cannot  agree  with  the  owners  ui)oii  i.ancis  and 

'  -  ,        ,  ..         I  housi  s.  how 

terms  or  purchase  or  rent  oi  houses  and  land  necessary  tor  that  pur-  <  ..mi-mu-d 
pose,  they  are  hereby  authorized  to  condemn  and  take  possession  of 
the  same  forthwith,  and  to  hold  and  occupy  for  such  time  as  may  be 
deemed  necessary.     A  just  compeusafion  to  the  owners  thereof  Uf 
be  ascertained  in  the  manner  provided  for  in  the  lifty-sixth  chapter 

^of  the  Clode  of  Virginia  (edition  of  eighteen  hundred  and  sixty),  and 
allowance  shall  be  made  therefor  in  the  next  county  or  town  levy : 

'provided,  that  this  act* shall  not  be  construed  so  as  to  autliori/.e  the  i.imitjiion 
condemnation  or  seizure  of  any  of  the  buildings  of  the  university, 
or  of  any  college  or  acadeinj-,  or  any  building  used  for  a  school :  and  rrovisc. 
provided  further,  that  no  dwelling  house  actually  occupied  as  such 
by  any  white-  person,  sha]!  be  condemned  under  the  provisions  of 
this  act." 

2.  This  act  shall  be  in  force  from  its  passage.  Comniencnmnt 


Cii.^p.  3:i — An  ACT  to  enlarge  the  Power  of  Special  Ttanis  of  Circuit 
Courts  in  certain  cases. 

Passed  January  19,  1863. 

1.    Be.  it  enacted  by  tiie  general  assembly,  that  the  thirty-second  Code anieDd.d 
section  of  chapter  one  hundred  and  fifty- eight  of  the  Code  of  Vir- 
ginia (edition  of  eighteen  hundred  and  sixty),  be  amended  and  re- 
enacted  so  as  to  read  as  follows :  •    • 

"§  32.    Whenever  the  situation  of  a  prisoner  conhned  in  jail  for  Trial- 
trial  in  a  ci'rcuit  court  makes  it  proper  that  his  case  should  be  dis- 
posed of  before  the  next  regular  term  thereof,  the  judge  of  such  Special  term 
court  may  appoint  a  special  term  to  be  hplden  for  the  trial  of  the 
case,  in  the  same  manner  as  if  the  same  had  stood  for  trial  at  the 
next  preceding  term,  and  the  court  had  adjourned  without  disposing 
thereof.     At  a  special  court  thus  held,  any  prisoner  may  be  tried  Trial  oi'  i.ri,.,.mr 
with  his  consent,  and  that  of  the  attorney  for  the  comnronwealth,  en-  ^-  ^^^"^ 


70  CHANGES    IN    CODE. — ^TOBACCO. 

tereJ  of  record,  whether  he  be  embraced  or  not  in  the  warrant  ap- 
pointing such  special  term,  and  whether  he  shall  have  had  his  exarai- 
nation  before  or  after  the  date  of  such  warrant." 

Commencement       2.    This  act  shall  be  in  force  from  its  passage. 


Chap.  34. — An  ACT  to  limit  the  production  of  Tobacco  and  increase  the 
production  of  Grain. 

Pasaed  March  12,  1863. 

♦ 

Pn-amble  Whercas  the  comfortable  support  of  our  soldiers  in  the  field,  and 

tlie  maintenance  of  their  helpless  families  at  home,  is  not  only  a  duty 
of  patriotism, and  humanity,  but  is  absolutely  essential  to  the  suc- 
cessful prosecution  of  the  struggle  for  independence  in  which  we  are 
^'ngaged  :  and  whereas  the  actual  or  threatened  occupation  of  a  large 
portion  of  the  state  by  the  public  enemy,  and  the  devastation  of  other 
])ortions  of  it,  leaves  but  a  small  portion,  comparatively,  in  which  the 
pursuits  of  agriculture  can  be  peacefully  Tind  safely  followed,  and 
from  which  both  army  and  people  are  to  be  subsisted  :  and  whereaa 
it  is  of  the  last  importance  that  the  labor  of  this  portion  of  the  stat^i 
shall  not  be  diverted  from  the  production  of  grain  into  other  chan- 
nels, so  as  to  incur  the  hazard  of  a  want  of  bread  : 

ivodut'tion  of         1.    Be  it  tliereforo  enacted  by  the  general  assembly,  that  it  shall 

iiLi.tt     ^^^^  ^^^  lawful  for  any  person,  either  for  himself  or  another,  to  plant, 

Nuiiib.rof  within  the  limits  of  this  state,  in  any  one  year,  a  larger  quantity  of 

Kand"  ^    "       tobacco  than  twenty-fivc  hundred  plants  for  each  hand  betweeih  the 

ages  of  six^en  and  fifty-five  years,  actually  and  regularly  employed 

ProviBo  in  the  cultivation  thereof,  as  a  field  hand  :  provided,  that  it  shall  be 

*    lawful  for  any  planter  to  plant  a  crop  of  ten  thousand  plants ;  and  ■ 

no  planter  shall  plant  a  crop  of  more  than  eighty  thousand  plants. 

hist,  of  field  2.    It  shall  be  the  duty  of  every  person  engaged  or  intending  to 

fiei-ed  in  oaf!?"  engage  in  the  cultivation  of  tobacco,  either  for  himself  or  another, 
annually  to  render  on  oath  to  the  commissioner  of  the  revenue  of  the 
county  and  district  in  which  such  person  may  reside,  an  accurate  list 
List.  10  he  re-      of  all  such  field  hands;  which  list  the  said  commissioner  is  hereby 
wrty  books' '^l   required  to  take  and  return  with  the  property  books. 

p.na)<y  for  vio-  3.  Any  person  violating  the  provisions  of  the  first  section  of  this 
irumg  iii-st  sec-  ^^^  ^j^^^^i  y^^  deemed  guilty  of  a  misdemeanor,  and  shall  be  fined  in 
Ariou-.t  of  line  .^  ^^^^^  ^^^  j^g^  ^^^^^^  f^^,^  huudrcd  dollars  nor  more  than  five  thousand 
rorfeiiurpof  till:  dollars ;  and  shall  moreover  forfeit  the  full  value  of  all  the  tobacco 
■  '^"  produced  Iw  him  beyond  the  amount  specified  in  said  nr^t  section; 
How  forfeiture  to  be  paid  to  the  county  court  of  the  county  in  which  the  offence 
.Hj>oHe   o  ^^^^^  have  been  committed,  and  applied  in  defraying  the  expenses  in- 

curred by  such  county  in  providing  for  soldiers  in  service,  and  sup- 
porting their  families. ' 


TOBACCO. GENERAL    ASSEMBLY. ELECTION    LAWS.  71 

4.  For  a  violation  of  the  second  section  of  this  act,  either  by  a  Penalty  for  vio- 

•     •  i>     1  1         .T       T         1     11  1       T  T  !''t'ing  second 

planter  or  cominis?ioner  or  the  reveiuie,  the  oneTKler  shall  be  deemea  Bccsion 
guilty  of  a  misdemeanor,  punishable  by  a  fine  of  not  lens  than  ten 
dollars  for  each  offence. 

5.  It  shall  be  the  duty  of  the  judges  of  the  circuit  courts,  and  of  imwcscf  tUo 

I  ,  e        ii  1.1      ■       ii.  i*     '  •       jr.dgen  of  circr.h 

the  attorneys  tor  the  commonwealth  m  the  county  courts,  to  give  c.^ns and  attor- 
this  act  specially  in  charge  to  the  grand  juries  of  the  several  conn-  cOTun^ouweaitii 
ties  ;  and  it 'shall  be  the  duty  of  the  commissioners  of  the  revenue  to  nuty  of  cummis- 
inform  the  attorneys  for  the  commonwealth  in  their  respective  conn-  « vouut- 
ties,  of  all  violations  thereof  which  may  come  to  their  knowledge; 
and  the  said  attorneys  shall  cause  the  offenders  to  be  prosecuted. 

6.  This  act  shall  be  in  force  from  its  passage,  and  shall  continue  c  .mmcnci  i\itut 
in  force  during  the  existing  war  with  the  United  States,  and  no  longer. 


Chap.  ;!5. — An  ACT  to  secure  Represent.iD  ou  in  the  (icneral  AsKembly  for 
Souarorial  Districts,  Counties,  Cities  ;iiia  Election  Districts  within  the 
power  of  the  Public  Enemy. 

Passed  March  9,  1863.  « 

1.  Be  it  enacted  by  the  general  assembly,  that  whenever,  in  con-  Whpn  Kenatoi- 

P.I  /•!  IT  '  .  •  •.•.!       or  deSegatu  may 

sequence  or  the  presence  ot  the  public  enemy,  v&cancies  exist  m  the  b..  admittid 
re[)reseiitation  oi"  an}-  senatorial  district,  city,  county  or  election  dis- 
trict, it  shall  be  lawful  for  the  senator  or  delegate,  as  the  case  mny 
be,  who  last  represented  such  district,  county  or  city  in  the  genenil  . 
assembly,  provided  he  be  a  loyal  citizen  of  this  commonwealth,  to 
continue  to  discharge  the  duties  of  the  office  until  successors,  respec- 
tively, may  be  duly  elected  and  qualified. 

2.  So  soon  as  the  presence  or  power  of  the  public  enemy' is  with-  Whonwrit  ta  tx- 
drawn  from  any  such  district,  county  or  city,  writs  shall  be  issued, 

in  the  manner  prescribed  by  law,  for  an  election  to  fill  the  ofhce  for 
the  residue  of  the  term.  The  compensation  of  the  ofhce  shall  be 
payable  to  the  persons  discharging  the  duties  thereof,  for  the  times 
only  of  their  respective  service. 

3.  This  act  shall  be  in  force  from  its  passage,  and  continue  in  Commpnocment 
force  durinjj  the  existiuir  war. 


Chap.  :5fi. — Au  ACT  to  provide  for  voting  by  persons  in  tlie  Military  Service, 
and  persons  absent  from  their  respective  Counties  and  Corporations  on  ' 
ticcoiuit  of  the  presence <)f  the  Public  Enemy,  in  Elections  for  Members 
of  Congress,  and  for  Governor,  Lieutenant  Governor  and  Attorney  Gene- 
ral, and  for  Members  of  the  General  Assembly,  and  to  amend  and  le-enact 
the  .id  section  of  chapter  8  of  the  Code  of  Virginia  (edition  of  1860). 

Passed  March  26,  1863. 

1.    Be  it  enacted  by  the  general  assembly,  that  during  the  present  when  persons  ia 


72  ELECTION   LAWS. 

ini'.itary  service   w!ir  the  qualified  voters  of  this  commonwealth,  who  maybe  iu  the 
may  vo  o  miHtaiy  service  of  the  state  or  of  the  Confederate  States,  on  Ihe  day 

of  any  general  or  special  election  for  members  of  the  house  of  repre- 
sentatives of  the  Confederate  States,  or  of  any  election  for  governor, 
lieutenant  governor  and  attorney  general  of  this  state,  may  vote  iu 
such  election,- ab  such  place  or  places  within  their  regiment  as  the 
commandant  of  such  regiment  shall  designate,  whether  such  regi- 
ment l)e  within  the  limits  of  tliis  state  or  not. 

Co•.nlni■!^iouors,       2.    For  each  place  of  voting  the  coraiiTandant  of  the  regiment  shall 
ov;  appom  e      j]gj.j^i|  jj  isiiperintendent,  three  commissioners,  and  as  many  clerks  as 
sh:ill  be  necessary,  who,  after  being  first  duly  sworn  by  him,  shall 
perform  the  duties  required  of  and  be  liable  to  the  penalties  imposed 
upon  such  officers  by  the  election  laws  of  the  state.     The  qualified 
voters  in  any  company  or  battalion  unattached,  or  on  detached  ser- 
vice, may  vote  in  like^inanner,  the  officer  in  command  detailing  simi- 
lar officers  to  perform  similar  duties-,  who  shall  be  liable  to  like 
Po;:s  tor  iiiMii-     penalties.     ■The  said  commissioners  shall  open  polls  on  the  day  of 
any  such  election  for  merabei's  of  congress,  for  each  district  entitled 
to  representation  in  said  congress,  for  which  there  shall  be  voters  iu 
said  regiment,  battalion  or  company  desiring  to  vote;  and  on  the  day 
of  any  election  for  governor,  lieutenant  governor  and  attorney  gene- 
ral, they  shall  al.so  open  polls  for  such  last  named  officers.     The 
qualified  voters  who  present  themselves  to  vote,  shall  be  asked  by 
said  commissioners  from  what  district  they  come,  and  each  voter  shall 
Name,  how  re-     vote  for  a  person  to  re'present  the  district  from  which  he  comes  ;  and 
cor.e    orgo\ei-  |^j^  jijin^P  glja]|  \^q  recorded  on  the  poll  hook  opened  for  that  district, 
and  also  on  the  poll  book  for  governor,  lieutenant  governor  and 
attorney  general,  when  an  election  for  such  last  named  officers  shall 
Dnty  of  commis- be  held:  and  when  the  polls  taken  as  aforesaid  shall  be  closed,  the 
commissioners  holding  the  said  election  shall  make  and  certify  a  state- 
ment of  the  said  polls  to  the  senior  officer  commanding  the  troops  at 
the  point  where  such  regiment  may  be,  if  there  be  any  such  officer, 
and  if  not,  then  to  the  comiuandant  of  the  regiment,  unattached  or 
Polls  to  be  taken  detached  battalion  or  company,  who  shall  appoint  some  person  whose 
CTmmoaw'i^uh    duty  it  shall  be  to  take  all  the  polls  and  statements  which  may  have 
been  so  taken  and  certified  to  the  secretary  of  the  commonwealth, 
within- fifteen  daj's  after  the  commencement  of  such  election. 

When  qualified  3.  The  qualified  voters  of  any  county  or  corporation,  absent  there- 
persoDsniaj  fpoui  because  of  the  presence  of  the  public  enemy,  on  the  da}- ap-* 
pointed  for  any  such  electi(m  as  is  mentioned  jn  the  first  section, 
may,  during  the  existing  war,  vote  in  any  such  election  in  which  they 
would  l)e  entitled  to  vote  if  in  the  county  or  corporation  of  their  do- 
micil,  at  the  courthouse  of  any  county  or  'corporation  in  the  state 
where  they  may  happen  to  ])e  on  the  day  of  said  election.  If-any 
other  election  is  held  at  the  same  time,  the  officers  holding  said  elec- 
tion shall  open  the  poll  and  receiv(>  the  votes  herein  authdri.'?ed  to  be 
polled,  as  prescribed  by  law  in  cases  of  other  elections;  bat  if  no 


ELECTION    LAWS.  73 

Other  election  be  then  held  than  such  at  which  tlie  persons  men-  " 

tioned  in  this  section  are  authorized  to  vote,  then' a  poll  shall  be 

opened  by  the  clerk  of  the  couhty  court.     Anj'  such  person  desiring  when  oath  to  be 

to  vote  in  such  election,  shall  mak<?  oath  before  the  clerk,  or  other 

officer  conducting-  the  election,  that  he  believes  he  vrould  be  entitled 

to  vote  therein  if  in  the  county  or  corporation  of  liis  domicil ;  and 

thereupon  his  vote  shall  be  recorded  on  the  proper  poll.     "When  such 

polls  shall  be  closed,  the  officer  conducting  the  election  shall  certify 

the  result  and  the  correctness  of  the  polh  at  the  foot  thereof,  and 

shall  transmit  such  poll  book^  so  certified,  by  mail,  prepaying  the 

postage  thereon,  to  the  secretary  of  the  commonwealth,  within  fifteen 

days  after  the  commencement  of  the  election. 

4.    Be  it  further  enacted,  that  the  third  section  of  chapter  eight  Codo  amtnded 
of  the  Code  of  Virginia  (edition  of  eighteen  hundred,  and  sixty),  be 
amended  and  re-enacted  so  as  to  read  as  follows : 

"§.3.  Tn  case;*  of  elections  for  election  districts,  or  senatorial  or  Dmy  of  c-nnmis- 
congressional  districts,  tlie  commissioners  superintending  the  election  tioa' 
at  the  courthouses  of  the  several  counties  or  corporations  forming 
sucii  districts,  shall,  witliin  three  days  after  such  election  is  concluded, 
delivefa  certified  statement  of  the  result  of  the  election  in  said  county, 
to  be  ascertained  by  comparing  the  polls  of  the  ditterent  votinc:  places 
in  said  county,  and  striking  therefrom  such  votes  as  are  required  by 
law  to  be  stricken  therefrom,  to  the  officer  conducting  the  election 
at  the  courthouse  of  said  county,  or  to  such  other  officer  as  may 
legally  act  for  him  ;  which  said  statement  shall  be  written  in  words  Certificnt.-,  how 
and  not  in  figures,  and  shall  conform  as  near  as  may  be  to  the  form 
of  the  return  required  to  be  made  in  case  of  the  election  of  governor. 
The  officers  conducting  the  election  at  the  courthouses  of  the  several  When  officers 
counties,  shall  meet  at  the  courthouse  of  the  county  or  corporation 
first  named  in  the  law  prescribing  such  districts,  which  ninv  not  be  in 
the  possession  or  power  of  the  public  en'^my,  on  a  certain  dii-y  after 
that  appointed  by  law  for  tlie  commencement  of  such  election  ;  whicli 
certain  day,  in  the  case  of  an  election  from  a  district  of  a  delegate, 
shall  be  tlie  eighth :  of  a  senator,  shall  be  the  twelfth,  and  of  a  repre- 
sentative m  congress,  shall  be  the  fifteenth  after  such  commence- 
ment.    They  shall  compare  the  returns  from  their  respective  coun-  Rfturus,  hoiv 

1     1     11    1      1  1      .     1   .1  1-1  1         compared 

ties,  ana  shalf  declare  elected  tae  person  lia\  ing  tne  greatest  number 
of  votes  in  the  whole  district.  If  the  greatest  number  of  votes  be 
e(iual  for  two  or  more  persons,  the  officers  attending  shall  decide  to 
which  of  them  they  will  give  the  certificate  of  election  ;  and  if  the 
votes  of  said  officers  be  e(pial  also,  they  shall  decide  forthwith  by  lot 
to  whom  such  certificate  shall  be  given.  A  notice,  of  said  election  Notice  given 
shall  forthwith  be  given  at  the  door  of  the  courthoufB  where  the 
meeting  is  lield.  In  case  of  special  elections  to  supply  vacancies.  Special  elections 
the  time  for  the  meeting  of  the  returning  officers  shall  be  earlier,  if  * 

required  in  the  writ  of  election  :  provided,  that  during  the  existing  Certitied  state- 
war,  in  all  elections  for  members  of  the  house  of  representatives  of"''"    osecu-. 


74  ELECTION    LAWS. 

^fary  of  common- the  Confederate  States,  the  officer  conducting  the  election  at  the 
courthouses  of  the  several  counties  shall  transmit  the  certified  state- 
ment of  the  result  of  the  election  ^i  his  county,  herein  above  re- 
quired, by  mail,  prepaying  the  postage  thereon,  to  the  secretary  of 
the  commonwealth,  within  twenty  days  after  the  commencement  of 
such  election." 

Duty  of  secre-  5.  It  sliall  1)6  the  duty  of  the  secretary  of  the  commonwealth, 
•weiiith  ™  "  within  thirtj'  days  from  the  commencement  of  any  such  election  ae 
is  mentioned  in  the  preceding  sections,  to  examine  the  polls  returned 
to  him  as  aforesaid,  and  certify  the  state  of  the  same  to  the  governor, 
who  shall  declare  and  make  proclamation  of  the  result ;  and  in  case 
two  or  more  candidates  have  an  equal  number  of  votes  for  the  same 
office,  the  governor  shall  decide  by  lot  to  whom  the  return  shall  be 
given,  and  declare  the  result  accordingly. 

Dutiosof  8ecre-  6.  Be  it  further  enacted,  that  upon  the  receipt  of  any  polls  under 
wealth '^°'^™''°  the  provisions  of  the  ordinance  (Xo.  99)  passed  December  the  sixth, 
eighteen  hundred  and  sixty-one,  the  secretary  of  the  commonwealth 
shall  perform  the  duties  required  by  law  to  be  performed  by  the  com- 
missioners and  officers  to  conduct  the  elections  at  the  courthouse,  or 
by  either  of  them,  in  the  same  manner  he  is  required  by  law*n  case 
such  polls  had  been  received  by  him  from  the  county  or  district  for 
which  the  election  Vvas  held  :  and  all  other  proceedings  shall  be  the 
same  as  in  such  cases. 

Prociciraation  of  7.  Be  it  further  enacted,  that  it  shall  be  the  dut}^  of  the  governor 
foVt^rssue^  *^°  of  the  commonwealth  to  issue  his  proclamation,  giving  notice  to  the 
qualified  voters  of  the  state  in  the'military  service  of  the  state  or  of 
the  Confederate  States,  or  who  may  be  absent  from  the  county  or 
corporation  of  their  residence,  because  of  the  presence  of  the  public 
enemy,  of  their  right  to  vote  for  members  of  the  general  assembly, 
by  virtue  of  the  provisions  Of  the  first,  second  and  fourth  sections  of 
the  ordinance  passed  by  the  convention  of  Virginia  (No.  99)  on  the 
sixth  day  of  December  eighteen  hundred  and  sixty-one,  and  also  to 
all  whom  it  may  concern,  of  the  passage  of  this  act,  and  of  the  rights 
and  duties  set  forth  in  its  provisions ;  and  it  shall  further  15b  his  duty 
to  request  the  president  of  the  Confederate  States  to  issue  an  order 
to  all 'commandants  of  camps,  posts  and  detachments  in  command  of 
Virginia  troops,  requiring  them  to  give  their  aid  in  the  due  execution 
of  the  ordinance  aforesai+1  and  of  this  act. 

ReguUof  vote,        8.    The  vcsult  of  the  votes  in  camps  and  the  result  of  the  votts  of 

how  forwarded  ,  .    r  i     •  ...  ,  -  .,' 

persons  absent  trom  their  counties,  cities  or  towns,  by  reason  or  the 
presence  of  tjie  enemy,  shall  be  fm'warded  by  mail,  when  practicable, 
directed  to  the  secretary  of  the  commonwealth,  when  required  to  be 
•  returned  to  said  secretary,  and  directed  to.  the  clerk  of  the  county. 

city  or  town,  when  required  to  be  returned  to  the  count}',  city  or  town. 
The  officer  conducting  such  elections  shall  so  forward  the  result,  and 


ELECTION    LAWS.  '  76 

preserve  a  duplicate  of  the  result  so  to  be  forwarded,  verifted  by  cer- 
tificates of  the  officer,  and  by  uot  less  than  two  other  disinterested 
persons. 

9.    Tjjis  act  shall  be  in  force  from  its  passage.  Oommencemejir 


Chap.  37. — An  ACT  to  pre.scrlbe  the  mode  of  ascertaining  and  certifying 
Elections  of  Delegates  and  Senators  during  the  existing  war. 

Passed  March  24,  1863. 

1.  Be  it  enacted  by  the  general  assembly,  that  in  all  elections.  Elections  of  f^e- 

,.,..*-.        T    ,  ,.  .  natorordelegnle 

during  tlie  existing  war,  for  delegates  tor  any  county,  corporation  or 
election  district,  or  for  senators  for  any  senatorial  district,  no  part  of 
which  is  in  the  possession  of  the  public  enemy,  in  which  elections 
votes  are  authorized,  by  law  or  ordinance  of  convention,  to  be  polled 
in  military  encampments,  as  well  as  in  the  county,  corporation  or 
election  district,  the  commissioners  of  election,  who  are  required  by 
law  to  meet  and  compare  the  polls  and  ascertain  the  election,  shall 
meet  in  each  case  at  the  place  prescribed  by  law,  on  the  thirtieth  when  commi.s 

3        ^  ^,  i     i-  ,1         1      ,•  •  3  sioners  to  tncet 

day  irom  the  commencement  or  the  election  ;  examine  and  compare 
the  several  polls  talicn  in  the  county  or  corporation,  and  those  takep 
in  the  several  encampments  for  delegate  or  senator,  as  the  case  may 
be,  for  such  county,  corporation,  election  or  senatorial  district;  strike 
tlierefrom  auj'  votes  which  are  by  law  directed  to  be  stricken  from 
the  same,  and  attach  i,o  the  poll  a  list  of  the  votes  stricken  therefrom, 
and  the  reason  therefor.  The  result  of  the  election  shall  then  be 
ascertained,  delivered  and  certified  as  prescribed  by  law,  in  each  case 
respectively. 

2.  So  much  of  the  lirst,  second  and  third  sections  of  chapter  eight  Coiie  suBptrndcd  g 
of  the  Code  of  Virginia  (edition  of  eighteen  hundred  and  sixt}-),  as 

is  in  conflict  with  this  act,  shall  be  and  the  same  is  hereby  suspended 
so  long  as  this  act  shall  continue  in  force,  which  shall  be  during  the 
continuance  of  the  present  v/ar  and  no  longer,  and  tiiereafter  the 
part  of  said  sections  hereby  suspended  shall  be  in  full  force. 

S.    This  act  shall  be  in  .force  from  its  passage.  Commenccratut 


Chap.  33. — An  ACT  to  provido  Representation /or  the  Counties  where  the 
Courthouses  are  in  the  possession  or  power  of  the  Public  Enemy. 


Passed  March  24,  1S63. 


iKBe  it  enacted  by  the  general  assembly,  that  in  cases  of  election  when  distnctf: 

,.        .  ..    t'  T    .•.'.•,•    1,      •       ,1  •  „  partially  ill  pow 

districts  or  senatorial  districts  partially  in  the  possession  or  power  ot  ei-  of  eneioy 
the  public  enemy,  the  officers  conducting  the  elections  at  the  Court- 


76  ^.LECTION    LAWS. 

houses  of  'the  several  counties,  or  the  persons  substituted  therefor  by 
the  provisions  of  this  act,  shall  meet  at  the  courthouse  of  the  county 
or  corporation  first  named  in  the  law  describing  such  district,  which 
may  not  be  in  the  possession  or  power  of  the  public  enemy,  and  per- 
form the  duties  required  of  them  by  the  thh'd  section  of  chapter 
eight  of  the  Code  of  Virginia  (edition  of  eighteen  hundred  and  sixty). 

Vi'hen  election  2.  That  whenever,  by  reason  of  the  presence  or  power  of  the 
a.?"ourthouse  public  enemy,  no  election  can  be  held  at  the  courthouse  of  any 
county,  it  shall  be  lawful  for  the  commissioners  or  freeholders  pre- 
sent, and  agreeing  to  act  as  commissioners,  at  any  regular  place  of 
voting  in  said  county,  to  appoint  a  conductor  at  such  place,  if  nojie 
be  present,  who  shall  be  vested  with  the  same  powers  and  take  the 
same  oath,  be  subject  to  the  same  penalties  and  perform  the  same 
duties  as  now  provided  by  law,  except  as  they  may  be  herein  after  . 
Duty  of  officer  Otherwise  directed.  The  officer  conducting  the  election  at  such  places 
nfn  "'^  '°^  "^  '^'^'of  voting  shall  deliver  or  cause  to  be  delivered  the  polls,  within  fifteen 
days  after  the  commencement  of  such  election,  to  the  secretary  of 
the  commonwealth,  who,  after  receipt  of  the  polls,  shall  perform  all 
the  duties  now  required  bj^  law  to  be  performed  by  tlie  commissioners 
afthe  courthouse,  and,  except  when  herein  after  directed  to  perform 
the  duties  in  person,  shall  appoint  some  one  to  perform  the  duties  of 
the  officer  conducting  the  election  at  the  courthouse. 

Duty  of  socre-         3.    If  the  courthouse  of  anj'  county  entitled  to  one  or  more  repre- 

weaith  sentatives  in  the  general  assembly,  or  all  the  courthouses  of  any 

election  or  senatorial  district,  are  in  the  possession  or  power  of  the 

.  public  enemy,  the  secretary  of  the  commonwealth,  after  the  receipt 

of  the  polls,  shall  perform  all  the  duties  of  the.  commissioners  and 

officers  to  conduct  the  elections  at  the  courthouse  or  courthouses. 

time  within  4.   When  the  secretarj'  of  the  commonwealth,  or  any  one  appointed 

*  ptrformod    '   '^  by  him  to  perform  the  duties  of  the  officer  to  conduct  the  election  at 

the  courthouse,  are  required  to  perform  any  act,  either  separately  or 

conjointl}^  with  others,  the  time  in  which  such  act  is  to  be  performed 

shall  be  thirty  da_ys  after  the  time  now  fixed  by  law. 

•> 
"Commencement       5.    TIlis  act.  shall  be  in  forcc  from  its  passage. 


Chap.  39. — An  ACT  to  provide  for  the  Electioti  of  County  Officers    in 

certain  ca'se.s. 

,  Passed  March  11,  1S63. 

When  county  1.   Be  it  enacted  by  the  general  assemblv,  that  in  all  cases  where, 

prohibited  from  .  .  ^  '      •  ,        i  i 

holding  an  eiec-  <>n  accouut  01  llie  occupation  01  any  county,  city  or  town  by  the  pub- 
lic enemy,'  or  from  auy  cause  connected  therew  ith,  the  people  of  such 
county,  city  or  town  have  heretofore '"been  or  liereafter  may  be  pre- 
vente'd  fi'om  holding  elections  for  county  or  corporation  officers,  at 


ELECTION   LAWS.— COURTS.  77 

the  times  and  in  the  manner  prescribed  in  section  three,  chapter 
seven  of  the  Code  of  Virginia  (edition  of  eighteen  hundred  and 
sixty),  the  county  or  corporation  courts,  as  the  case  may  he,  shall,  Court  may  order 

,  T  ,  . ,        ^     ,       ".  .        ,      writ  of  election 

as  soon  as  such  causes  are  removed,  order  writs  oi  election,  in  the 
manner  "prescribed  in  chapter  seven,  section  twenty-two  of  said 
Code,  for  filling  vacancies,  said  elections  shall  be  held  and  all  pro- 
ceedings relative  thereto  conducted  in  the  manner  and  according  to 
the  provisions  provided  for  filling  vacancies  in  such  offices. 

2.  Such  elections  shall  be  for  the  unexpired  terms  of  the  offices  Unexpired 

,         „,,     ,  terms 

thus  niled. 

3.  This  act  shall  be  in  force  from  its  passage.         "  Cominencement 


Chap.  40. — An  ACT  changing  the  times  of  holding  the  Circuit  Court.s  of" 
the  ]4th  Judicial  Circuit. 

Passed  February  13,  1663. 

1.  Be  it  enacted  by  the  general  assemblv,  that  an  act  passed  March  Act  Pt"  siarcu 
third,  eighteen  hundred  and  nity-iour,  be  amended  and  re-enacted  so 

as  to  read  as  follows : 

"The  circuit  courts  for  the  fourteelith  circuit  shall  hereafter  be  Terma  of  cour;i 
holden  on  the  following  days,  viz  :  For  the  county  of  Craig,  on  the 
filteen^th  day  of  March  and  August;  for  the  county  of  Roanoke,  on 
the  twenty-second  day  of  March  and  August;  for  the  county  of 
Botetourt,  on  the  first  day  of  April  and  September:  for  the  county 
of  Alleghany,  on  the  thirteenth  day  of  April  and  September;  for 
the  county  of  Pocahontas,  on  the  twenty-third  day  of  April  and  Sep- 
tember ;  for  the  county  of  Greenbrier,  on  the  first  day  of  May  and 
October ;  for  the  county  of  Monroe,  on  the  twelfth  day  of  May  and 
October." 

2.  This  act  shall  be  in  force  from  and  after  the  first  day  of  July  Commcnotrcen-- 
next. 

\ 


Chap.  41. — An  ACT  to  enlarge  the  Powers  of  the  Circuit  Com-ts  of  the 
several  Counties  and  Corporations  in  cases  of  Attachments  against  Non- 
residents.    - 

Passed  February  16,  1863. 

1.   Be  it  enacted  by  the  generaf  assembly,  that  during  the  conti-  Attachmenta 
nuance  of  the  present  war,  the  circuit  courts  of  the  several  counties  dents 
and  corporations  of  this  state,  or  the  judge  of  any  such  court  in 
vacation,  in  all  cases  of  proceedings  by  way  of  attachment  against 
non-residents,  wherein  slaves  may  be  levied  upon,  shall  have  power  Sale  of  slave* 

how  ordered 


78  COURTS. 

.  to  order  the  sale  thereof,  when/ljy  reason  of  the  destraction  of  the 
jail  of  said  county  or  corporation,  or  from  other  cause,  said  slaves 
cannot,  be  safely  kept,  or  when,  by  reason  of  the  great  expense  at- 
tending the  support  and  maintenance  ef  said  slaves,  during  the  pen- 
dency of  Raid  attachment,  it  may,  in  the  opinion  of  said  court,  be  pro- 
per to  order  such  sale. 

Hew  made  2.    Any  sale  directed  to  be  made  under  the  foregoing  section,  shall 

be  ordered  and  made  in  accordance  with  the  provisions  of  section 
sixteen  of  chapter  one  hundred  and  fifty-one  of  the  Code  of  Virginia 
(edition  of  eighteen  hundred  and  sixty),  except  that  such  sale  may 
be  ordered  to  be  made  elsewhere  than  in  the  county  in  which  said 
attachment  may  be  pending.  ' 

c«mauencemeat      o.    This  act  shalj  be  in  force  from  its  passage. 


Chap.  42. — An  ACT  to  extend  the  time  within  wliich  to  institute  Proceed- 
ings for  Misderrifanor.s  in  Counties,  Cities  and  '.(/jwqs  iu  pos.session  of  Or 
threatened  by  the  Enemy. 

Passed  March  23,  18C3. 

f. imitation  1.    Be  it  enacted  by  the  general  assembly,  that  in  such  of  the  coun- 

,  tie's,  cities  and  towns  of  this  commonwealth  as  are  or  may  hereafter 
be  so  occupied  or  threatened  by  the  public  enemy,  as  that  the  courts 
canjtiOt  sit  regularly  for  the  trial  of  causes,  the  period  between  the 
passage  of  this  act  and  six  months  after  the  ratification  of  a  treaty 
of  peace  between  the  Confederate  State?  of  America  and  the  United 
States  of  America,  shall  be  excluded  from  the  computation  of  the 
time  within  which,  by  the  terms  or  operation  of  any  statute  or  rule 
of  law,  it  may  be  necessary  to  institute  or  commence  proceedings  or 
prosecutions  against  parties  who  may  commit  any  misdemeanor. 

Commenccmeat    .  2.   This  act  shall  be  in  force  from  its  passage. 


Chap.  43. — An  ACT  to  amend  tlie  act  passed  March  lOch,  1862,  entitled  an 
act  to  amend  and  re-enact  an  mdiuance  extending;  the  Juri.-dictjon  of  the 
County  Courts  in  certaiu  cuj^es,  passed' by  the  Convention  on  the  26th  day 
of  June  Idol.  • 

Pasted  March  'J3,  1853. 

Act  of  IS62  ^^•^  it  enacted  by  the  general  assembly,  that  the  act  passed  March 

ftmcndcd  tenth,  eighteen  hundred  and  sixt}*-two,  entitled  an  act  to  amend  and 

^  ire-enact  an  ordinance  extending  the  jurisdiction  of  the  county  courts 

in  certnin  cases,  passed  l>y  the  convention  on  the  twenty-sixth  day  of 

1  June  eighteen  hundred  and  sixty-one,  be  and  the  same  i.s  hereby 

amended  and' re-eji acted  so  as  to  read  as  follows: 


COURTS.  79 

"  1.    Be  it  enacted  by  the  general  assembly,  that  aia  ordinance  Ordinaacn 
passed  b}'  the  convention  on  the  twenty-sixtli  day  of  June  eighteen 
Imndred  and  sixty-one,  be  amended  and  re-enacted  so  as  to  read  as 
fitllows :  ' 

'When  the  court  of  any  county  shall  fail  to  meet  for  the  transac-  Jnrisakiion  ot 

X  court  ii 

tion  of  business,  or  the  people  thereof,  or  any  of  tliem,  shall  be  pre- 
vented from  attending  thereupim  by  reason  of  the  public  enemy,  the 
court  of  the  county  next,  thereto,  where  such  obstruction  does  not 
exist,  and  the  clerk  thereof,  or  the  circuit  court  o/  the  cit}'  of  Kich- 
mond,  and  the  clerk  thereof,  shall  have  jurisdiction  of  all  matters, 
and  authority  to  do  and  perform  all  acts  which,  as  the  law  now  is, 
are  referable  to  the  court  or  to  the  clerk  of  the  county  so  obstructed: 
provided,  however,  that  the  authorit}'  to  admit  to  record  the  writings 
mentioned  in  the  fifth  and  sixth  sections  of  chapter  one  hundred  and 
eighteen  of  the  Code  of  Virginia,  shall  by  this  act  be  extended  only 
to  the  circuit  court  of  the  city  of  Eichmond,  and  the  clerk  thereof: 
and  further,  that  such  admission  to  record  shall  be  invalid  unless 
such  writing  shall  be  duly  admitted  to  record,  according  to  tlie  laws 
of  this  commonwealth  in  force  prior  to  the  twenty-sixth  June  eiglitetn 
hundred  and  sixty-one,  within  twelve  months  after  the  ratification 
of  a  treaty  of  peace  between  the  United  States  and  the  Confederate 
States  of  America.' 

"2.   No  tax  shall  be  chargecP  on  the  admission  to  record  of  any  where  ho  tax  to 

,  ...,         ..  c-r-.-,  -1  be  charged 

such  wntmg  m  the  circuit  court  oi  Kichmond. 

"3.    It  shall  be  the  duty  of  the  clerk  of  the  circuit  court  of  the  Duty  of  ci..-rk 
city  of  Richmond,  whenever  the  said  clerk  has  notice,  on  the  face  of 
any  such  writing  or  otherwise,  in  what  county  or  ^rporation  said 
writing  ouglit  to  be  recorded,  within  twelve  months  after  a  treaty  of 
peace  between  the  United  States  and  the  Confederate  States,  to  trans- 
mit for  recordiition  a  copy  of  such  writing  to  the  clerk  of  the  court 
of  the  county  or  corporation  in  which  such  writing  should  be  recorded, 
acclnding  to  the  laws  of  this  commonwealth  in  force  prior  to  the 
twenty-sixth  day  of  June  eighteen  hundred  and  sixty-one;  and  in  Penalty  for  fafl- 
case  of  the  failure  of  the  clerk  of  the.said  circuit  court  to  perform  "" 
the  duty  herein  required  of  him,  he  may,  upon  motion  of  any  party 
injured  by  such  failure,  after  ten  days'  previous  notice,  be  fined  by        , 
said  circuit  court  not  less  than  ten  dollars  nor  more  than  one  hundred 
dollars  for  every  such  failure ;  to  be  paid  to  the  party  injured.     It  Pees  and  {toHt- 
fihall  be  lawful  for  the  clerk  of  said  circuit  court  to  charge  a  fee 
for  such  copy  of  "said  writing  so  transmitted,  and  the  postages  al- 
lowed by  section  ten  of  chapter  one  hundred  and  eighty-four  of  the 
Code  of  Virginia   (edition  of  eighteen  hundred  and  sixty) ;  which 
fees  and  postages  shall  be  collected  as  other  clerks'  fees. 

"  4.    This  act  shall  be  in  force  from  its  passage."  Comai«ncenJen» 


80  COURTS. JAILOKS'    FEES. 


Chap.  44. — An  ACT  authorizing  the  Comt  of  Appeals  to  hold  its  Sessioivi 
at  other  places  than  Lewisburg. 

Passed  March  12,  1863. 

Phtp«fv:rh</idH!g  1.  Be  it  enacted  by  the  general  assembly,  that  the  annual  sessions 
fh^mgod  '  :  f>f  the  si^ireme  court  of  appeals,  provided  by  law  to  be  held  at  Lew- 
isbnrg  ill  the  county  of  Greenbrier,  may,  during  the  continuance  of 
the  present  war  with  the  United  States,  be. held  at  such  other  place 
on  the  western  side  of  the  Blue  Ridge  of  mountains  a»the  said  court, 
or  a  majority  of  the  judges  thereof  in  vacation,  may  from  time  to 
Notice  to  be  giv-  time  direct  and  appoint ;  of  which  removal  due  notice  shall  be  given, 
by  publication  thereof  in  one  or  more  of  the  newspapers  printed  in 
the  city  of  Richmond :  and  alllaws  now  in  force  applicable  to  .the 
said  court  when  its  sessions  are  held  at  Lewigburg,  shall  apply  in 
like  manner  to  said  court  and  its  sessions  when  held  at  any  other 
place,  under  the  provisions  of  this  act. 

Reiaovai  of  li-  2.  The  Said  cf'Urt,  or  a  majority  of  the  judges  thereof  in  vacation, 
(•ordH  ^  luay  order  the  removal  of  the  library  and  the  records  of  said  court  at 
Lewisburg  to  such  place  as  the  said  court  may,  under  the  provisions 
of  this  act,  appoint  for  it,s  sessions ;  and  a  sum  not  exceeding  one 
thousand  dollars  is  hereb}'  appropriated  for  the  purposes  of  such  re- 
moval ;  to  be  paid  upon  the  order  of  such  court,  out  of  any  moneys 

in  the  treasury  not  otherwise  appropriated. 

« 

Commeneemeut       3.    This  act  shall-  be  in  force  fntm  its  passage. 


4 

Chap.  45. — An  ACT  to  amen3  and  re-enact  the  1st  section  of  an  act  entitled 
an  act  to  increase  Jailors'  Fees  for  keeping  and  supporting  Prisoners, 
passed  September  24,  1862. 

Passed  March  17,  1863. 

Act  of  1862  1.    Be  it  enacted  by  the  general  assembly,  that  the  first  section  of 

the  act  entitled  an  act  to  increase  jailors'  fees  for  keeping  and  sup- 
porting prisoners,  pass.ed  September  twenty-faurth,  eighteen  hundred 
and  sixty-two,  be  amended  and  re-enacted  so  as  to  read  as  follows : 

.jaUorB'fees  "  §  1-   Jailors  shall  hereafter  be  allowed  one  dollar  per  day  for 

keeping  and  supporting  persons  confined  in  the  jails  of  this  common- 
,  wealth,  and  a  fair  proportion  of  said  sum  for  any  time  less  than 

twenty-four  hours ;  and  in  all  cases  the  allowance  shalL-be  made  on 
an  account  stating  the  time  for  which  the  person  or  persons  remained 
Power  of  courts  in  jail :  provided,  that  the  county  and  corporation  courts  of  the  com- 
monwealth may  establish,  in  their  discretion,  a  difl"erent  rate,  not  lesff 
than  thirty-five  cents  nor  more  than  one  dollar  and  twenty-five  cents 
'  per  diem." 

Coaamencement      2.   This  act  shall  be  in  force  from  its  passage. 


FIDUCIARIES.  /  81 


Chap.  46. — An  ACT  authorizing;  Fiduciaries  to  invest  Funds  in  thexv  hands  - 
in  certain  cases,  and  for  other  purp:>.ies. 

Pa?.?.fd  aiarch  5,  1863. 

1.  Be  it  enacted  by  the  general  assembly,  that  whetiever  any  guar-  WT-,*n  {i.iuo:  uy 

,     .    .  1  />  1       •  in a>' invest 

dian,  curator,  committee,  executor,  administrator  or  other  nduciaiy  famin 
or  trustee  may  havQ  in  his  hands  moneys  received  in  the  due  exer- 
cise of  his  trust,  belonging  to  the  estate  or  trust  fund  held  by  him  a.s 
fiduciary  or  trustee,  which  moneys  any'  such  fiduciary  or  trustee  may, 
from  the  nature  of  his  trust,  or  for  any  cause  whatever,  be  un?ble  to 
pay  over  to  the  cestuis  que  trust  or  parties  entitled  thereto,  it  shall 
be  lawful  for  such  fiduciary  or  trustee  to  apply,  l)y  motion  or  petition, 
to  any  judge  of  a  circuit  court  in  vacation,  for  Leave  to  invest  the 
whole  or  any  part  of  such  moneys  in  interest  bearing  bonds  or  certi-  in  what  fuuoh 
ficates  of  the  Confederate  States  or  of  the  state  of  Virginia,  or  any  ""'  ^ 
other  sufficient  bonds  or  securities  of  or  within  the  said  state;  and 
the  said  judge  may,  in  his  discretion,  grant  su^^h  leave.  The  bonds, 
when  practicable,  shall  be  taken  in  the  name  of  such  fiduciary  or 
trustee,  in  his  fiduciary  character :  and  whenever  i*uoh  iuvL.stment 
shall  be  made,  such  fiduciary  or  trustee  shall  be  released  from  respon- 
sibility for  the  moneys  thus  invested;  but  it  shall  be  his  duty  to  pre- 
serve the  bonds  thus  taken,  and  to  exercise  due  diligence  in  collect- 
ing the  interest  accruing  thereon,  and  in  making  a  proper  applicatiou 
thereof:  provided,  that  nothing  herein  contained  shall  auihorize  said 
fiduciary  or  fiduciaries  to  change  the  character  of  an  existing  inveet- 
ment,  nor  sfby  investment  made  under  the  provisions  of  this  law, 
until  authorized  by  the  decree  of  a  circuit  court  of  competent  juris- 
diction :  and  provided  further,  that  tihe  provisions  of  t\n-  foregoing 
section  shall  not  be  so  construed  as  to  interfere  with  the  powers  uow 
exercised  by  courts  of  chancery  over  the  subject. 

2.  Be  it  further  enacted,  that  whenever  any  fiduciary  or  fiducia-  as  to  joint  fia-a 
ries,  trustee  or  trustees,  residing  in  this  8tat«,  have  been  or  may  be  ^*""™^ 
authorized  to  exercise  any  power  or  to  do  any  act  jointly  with  one  or 

more  fiduciaries,  trustee  or  trustees,  residing  within  the  limits  of  the 
Utiited  States,  it  shall  be  lawful  for  the  fiduciary  or  fiduciaries,  trus- 
tee or  trustees,  residing  in  this  state,  to  exercise  any  such  power  or 
to  do  any  such  act  without  the  concurrence  of  the  non-resident  fidu- 
ciary or  fiduciaries,  trustee  or  trustees;  and  the  act  of  the  resident 
fiduciary  or  fiduciaries,  trustee  or  trustees,  shall  have  the  same  foro<? 
and  effect,  to  all  intents  and  purposes,  as  if  it  had  been  the  joint  act 
of  all  such  fiduciaries  or  trustees, 

3.  This  act  shall  be  in  force  from  its  passage,  and  continue  in  Oommotioomeiitt 
force  until  the  expiration  of  six  months  after  the  ratification  of  a  *°  '''°'^' ""  ^ 
treaty  of  peae^  between  the.  Confederate  States  and  the  United 

States. 

6 


VJCP. 


82  •  FIDUCIARIES. BANKS. 


Chap.  47. — An  ACT  to  provide  against  the  Forfeiture  of  Compeusation  to 
Fiduciaries  in  certain  cases. 

Passed  Marci  11, 1863. 

v.biit  aiioivfcci  1. .  Be  it  enacted  by  the  general  assembly,  that  when  a  compliance, 
b!  in'mta^yTe'?  OH  the  part  of  any  fiduciary,  with  the  seventh  section  of  chapter  one 
hundred  and  thirty-two  of  the  €ode  of  Virginia,  has  been  or  shall  be, 
during  the  present  war,  prevented  by  the  occupation  or  invasion  of  a 
county  by  tlie  public  enemy  ;  the  absence  of  the  commissioner  autho- 
rized to  settle  the  accounts  of  such  fiduciary ;  the  employment  of  such 
fiduciary  in  the  militar}^  service  of  this  state  or  of  the  Confederate 
States,  or  by  any  other  cause  growing  out  of  the  present  war,  render- 
ing such  compliance  impracticable,  such  fiduciary  shall  not,  for  such 
/  failure,  forfeit  a  compensation  for  his  services:  provided  such  fidu- 
ciary shall,  within  six  months  after  the  removal  of  such-  cause  of 
failure,  exhibit  before  the  proper  commissioner  the  statement  and 
vouchers  mentioned  in  said  section. 


OoiniEoncpiEciit      2.   This  act  shall  be  in  force  from  its  passage. 


CnAP.  48. — Au  ACT  anthorizing  the  Banks  of  the  Commonwealth,  during 
the  existing  war,  to  convert  Confederate  Treasury  Notes  in  their  possession 
into  other  obligations  of  ihe  Confederate  States. 

Pasted  March  24,  1863. 

Cofie  amended  1-  Be  it  enacted  by  the  gf^ieral  assembh",  that  the  thirty-third 
section  of  the  fifty-eiglith  chapter  of  the  Cotle  of  Virginia  (edition  of 
eighteen  hundred  and  sixty)  be  amended  and  re-enacted  so  as  to 
read  as  follows  : 

When  bajitv  may      "§  33.    Any  bank  authorized  to  carry  on  business  as  a  bank  of 
lo.-mmoEey        circulation,  deposit  and  discount,  may  loan  money  for  a  period  not 
exceeding  six  months,  a,nd  discount  any  bill  of  exchange,  promissory 
note  or  other  negotiable  paper  for  the  payment  of  money,  which  will 
be  payable  within  six  months  from  the  time  of  discounting  the  same. 
whtkt.  interoBt     A  bank  may  take  interest  on  its  loans  and  discounts  at  the  rate  of 
b^>n)c  may-take    Qng.]^{^if  of  one  per  centum  for  thirty  days,  and  the  interest  may  be 
LoaoB.bow  i-e-^    received  in  advance.     Each  bank  shall  so  regulate  its  loans  and  dis- 
^^^*^''^  counts  that  they  shall  not  exceed  twice  the  amount  of  the  capital 

p.-. viflo ae to  actually  paid  in:  provided,  however,  that  during  the' existing  war, 
trcHHiuy  notes  ^^^^j  ^^^^^jj  ^j^  months  after  the  ratification  of  a  treaty  of  peace  be- 
tween the  Confederate  States  and  the  United  States,  any  bank  may 
•  convert  the  treasury  note$  and  other  evidences  of  debt  of  the. Con- 
federate; States  into  the  notes  or  obligations  of  said  Confederate 
States,  to  an  amount  not  exceeding  the  amount  of  its  capital  stock, 
in  addition  to  its  otlier  loans  and  discounts  in  this  section  auihorized, 
and  to  treat  the  same  as  part  of  it3  loans  and  discounts :  and  pro- 


BANKS.  S3 

vided  further,  that  said  banks  shall  be  authorized  to  convert  only  the 
treasury  notes  of  the  Confederate  States,  issued  and  dated  prior  to 
the*  first  of  April  eighteen  hundred  and  sixty-three." 

2.    This  act  shall  be  in  force  from  its  passage.  -  Comm^cceMent 


Chap.  49.— 'An  ACT  to  amend  and  re-enact  section  I,  chapter  57,  of  an  act 
passed  March  1,  J 861,  entitled  an  act  ibr  the  Relief  of  the  Banks  of  this" 
Commonwealth. 

Pai^secl  March  18, 1863. 

1.  Be  it  enacted  by  the  general  assembl3%  that  the  first  section  of  Act  .-:  i86i 
the  act  entitled  an  act  to  amend  and  re-enact  section  first,  chapter 
fifty-seven  of  the  Acts  of  eighteen  hundred  and  sixty-one,  be  amended 

and  re.-enacted  so  as  to  read  as  follows : 

"  §  1.   Be  it  enacted  by  the  general  assembly,  that  so  much  of  all  Faifeiture  of 
'or  any  acts  as  now  may  subject  any  bank  or  banking  corporation  peuded  ^"'^ 
incorporated  by  the  laws  of  this  commonv/ealth,  now  in  operation,  or 
which  may  be  put  in  operation  whilst  this  act  is  in  force,  lo  the  for- 
feiture of  its  charter,  or  to  any  other  penalty,  for  failing  or  refusing 
to  pay  or  redeem  its  notes  or  debts  in  specie,  shall  be  and  the  same 
are  hereby  suspended  until  the  first  day  of  March  eighteen  hundred 
and  sixty-thvee,  and  until  otherwise  provided  by  the  general  assembly 
of  Virginia :  and  if  any  such  bank  or  banking  corporation,  shall  have 
forfeited  its  charter  by  failing  or  refusing  to  pay  in  specie  any  notes 
or  other  debts  due  from  such  bank,  the  forfeiture  thereby  incurred 
shall  be  remitted,  and  the  charter  of  such  bank,  with  all  the  rigiits  uharti-r  in  force 
and  pov.'ers  thereby  conferred,  except  such  portious  thereof  as  are 
herein  before  suspended,  shall  be  and  the  saine  is  hereby  declared  to 
be  in  full  force  and  eifect,  to  all  intents  and  purposes  :  provided,  that  Proviso 
nothing  herein  contained  shall  be  so  construed  as  to  prevent  the  re- 
covery of  the  amount  of  any  note  or  debt  due  from  any  sucH  bank, 
with  legal  interest  thereon,  in  the  mode  prescribed  by  law." 

2.  This  act  shall  be  in  force  from  its  passage.  Coaameacfment 


Chap.  HO. — An  .4.CT  authorizint;;  the  Branch  of  the  Exchange  Bank  of  Vir- 
ginia at  Richmond  to  declare  a  Dividend. 

Passed  February  28,  18G3. 

1.   Be  it  enacted  by  the  general  assembly,  that  so  long  as  the  Ex-  Bank  at  mdii- 
change  Bank  of  Virginia  at  Norfolk  shall  remain  within  the  lines  of  2°°^*^^*^ *'**'*'"'' 
the  public  enemy,  it  shall  be  lawful  and  the  duty  of  the  branch  of 
said  bank  at  Richmond  to  declare  dividends  of  profit  at  the  same 


84 


BANKS. 


Contrihu'i'i' 
JVom  other 
baakn,  how 
monded 


times  and  to  the  game  extent,  and  in  the  same  manner  the  parent 
bank  might  do,  if  situated  within  our  own  lines.  When  such  divi- 
dend shall  be  declared,  it  shall  be  lawful  and  the  duty  of  said  branch 
l>ank  to  demand  contribtition  from  the  other  branches  of  said  bank, 
in  the  same  manner  the  parent  bank  might  do,  to  make  payment 
thereof;  and  upon  satisfactory  evidence  being  furnished  of  the  names 
of  persons  holding  f  hares,  and  the  amount  so  held,  to  pay  the  divi- 
dend, the  tax  thereon,  and  the  bonus  on  the  capital  stock  of  said 
bank,  within  the  time  and  in  the  manner  the  parent  banlc  would  be 
required  to  do,  if  a  dividend  had  been  declared  by  said  parent  bank. 
The  said  branch  bank  may  at  any  time  declare  a  dividend  for  the 
six  months  ending  on  the  first  day  of  December  last,  in  pursuance  of 
this  act. 


ComineGcement      2.   This  act  shall  be  in  force  from  its  pa.-<sage. 


Act  of  lees 

araonded 


When  loyal 
stockholdor 
demand  Ira; 


Chap.  51. — An  ACT  amending  and  re-enacting  the  5th  and  6th  section.?  of 
the  net  pa-ssed  March  13.  l-^tvi,  entitled  an  act  to  convert  the  Novthwest- 
orn  Bauk  of  Virginia  at  JefF(;r.son%ulle  into  a.  separate  and  independent 
Bftnjk. 

Paitsed  March  11,  1863. 

1.  Be  it  enacted  by  the  general  assembly,  tliat  the  fifth  and  sixth 
sections  of  the  act  passed  March  thirteenth,  eighteen  hundred  and 
sixty-two,  entitled  an  act  to  convert  the  branch  of  the  Northwestern 
Bank  of  Virginia  at  JefFersonville  into  a  separate  and  independent 
bauk,  be  amended  and  re-enacted  so  as  to  read  as  follows : 

"  §  ,5.  At  any  time  within  three  months  from  the  passage  of  this 
isfer  «ct,  any  loyal  holder  of  stock  in  the  Northwestern  Bank  of  Virginia, 
whose  stock  in  said  bank  was  purchased  through  said  branch,  or 
whose  dividends  have  usually  heretofore  been  credited  to  him  at  said 
branch,  may  return  and  asi^ign  to  the  said  Graziers  Bank  of  Vir- 
ginia !«uch  stock,  and  demand  and  receive  in  lieu  thereof  a  certificate 
for  a  like  number  of  shares  of  stuck  in  said  Graziers  Bank  of  Vir- 
ginia: provided,  however,  that  if  before  the  first  day  of  July  eigliteen 
hundred  and  sixty-three,  satisfactory  reasons  shall  be  shown  to  the 
board  of  directors  of  the  Graziers  Bank  for  the  failure  of  'any  such 
stockholder..to  avail  himself  of  the  benefits  of  the  foregoing  provision, 
the  said  board  shall  certify  such  reasons,  with  their  opinion  on  the 
same,  to  the  governor. 


"Certificat^H  of 
stook,  bow  re- 
turned and  a-s- 
.  Ki(rned 


"  §  G.  As  soon  as  may  be  aftcn*  the  expiration  of  the  said  three 
months  from  the  passage  of  this  act,  tlie  governor  of  the  state  8*liall 
cause  certificates  of  the  stock  held  by  the  state  in  the  said  North- 
western Bank  of  Virginia,  for  an  amount  equal  to  the  balance  of  the 
capital  stock  of  said  branch,  not  exchanged  under  the  previous  soo- 


BANKS.— INTERNAL   IMPROVEMENTS.  85 

tion,  to  be  in  like  manner  returned  and  assigned  to  said  Graziers 
Bank  of  Virginia,  for  a  like  number  of  shares  of  the  stock  thereof: 
provided,  however,  that  on  the  ceriificate  authorized  in  the  preceding 
section  being  received  by  the  governor,  it  shall  be  his  duty  to  trans- 
fer to  tlie  stockholder  to  whom  the  same  shall  be  given,  out  of  the 
stock  herein  directed  to  be  transferred  to  the  state,  a  quantity  there- 
of equal  to  the  amount  hnld  by  such  stockholder  in  the  Northwestern 
Bank,  together  with  any  dividends  thereon  which  may  have  accrued 
to  the  irtate  under  the  si5:th  section  of  said  act." 

2.    This  act  shall  be  in  force  from  its  passage.  ComraFnc<fnioiit 


Ch.ap.  52. — An  ACT  authorizing  the  Sale  of  the  Roanoke  Valley  Sail  Road. 
Passed  Abruary  13,  1863. 

1.  Be  it  enacted  by  the  genera!  assembly,  that  the  Roanoke  valley  Power  :o  seii 
yail  road  company  shall  have  power  to  sell  at  public  auction,  to  the 

highest  bidder,  their  road,  together  with  all  their  proi)erty  of  every 
sort  and  description:  provided,  that  a  notice  of  sixty  days  of 'said  Notice  of  sale  • 
sale  shall  be  published  in  one  or  more  of  the  Richmond  papers: 
provided  further,  that' said  sale  shall  be  subject  to  the  approval  of  Sale  subject  to 
the  board^of  public  works,  to  a  majority  of  the  stockholders,  and  hcird  of  pnWi* 
that  the  proceeds  of  said  sale  shall  be  sufficient  to  pay  all  the  debts  ^^""^  * 
<of  said  company  ;  and  the  purchasers  under  this  act  shall  have  and 
fpnjoy  all  the  rights,  privileges  and  immunities  which  the  said  Roanoke 
valley  rail  road  company  had  under  its  charter,  and  the  acts  amen- 
datory thereof:  provided,  however,  that  the  purchasers  «nd«r  this  Proviso- 
act  shall  give  guarantees,  satisfactory  to  the  board  of  public  works, 
that  the  use  of  said  road  shall  be  continued  as  heretofore :  provided 
further,  that  the  sale  hereby  authorized  shall  not  be  valid,  if,  on  or 
ijefore  the  day  of  sale,  a  majorit}-  of  the  mortgage  creditors- of  said 
■company,  whose  claims  are  not  due,  shall  ^bject  to  sueh  sale — such 
objection,  if  mad«,  to  be  signified  in  writing  to  the  president  of  the 
tsompuny  :  and  provided  also,  tliat  a  mnjority  of  the  holders  of  the 
mortgaged  bonds  of  said  corporation  shall  give  their  assent  in  wri- 
ting to  the  inaking  of  sucli  sale. 

2.  Be  it  further  enacted,  that  out  of  the  proceeds  of  snch  sale  the  Proceeds  of  Haie 
«3€bt  of  said  company  shall  first  be  paid,  and  then  shall  be  paid  to 

the  state  of  Virginia  the  preferred  stock  held  by  said  state  in  said 
«oompany ;  and  what  remains  of  the  proceeds  of  said  sale  shall  be 
divided  ratably  among  the  stockholders  of  said  Roanoke  valley  rail 
foad  company. 

■3.   This  act  shall  be  in  force  from  its  passage.  Commencemeut 


86  INTERNAL    IMPROVEMENTS. DISTILLATIOIS", 


Chap.  53. — An  ACT  to  convert  into  Stock,  to  be  held  by  the  State,  the  In- 
terest in  arrear,  dueby  the  South  Side  Eail  Road  Company  to  the  State. 

Passed  March  S5,  1863. 

Awov.Dt  of  in.tt-  1.  Be  it  enacted  by  the  g^eneral  asseml)]y,  that  under  the  stiperin- 
ver'tedi'Ti'to  stock  teiidence  of  thc  board  of  public  ,works,  the  Avhole  amount  of  the 
interest  in  aj'rear  from  the  South  Side  rail  road  company  to  the  com- 
nionwealth  of  Virginia,  to  wit,  the  sum  of  one  hundred  and  ninety- 
six  thonsaiid  dollars,  be  converted  into  stock,  to  be  held  by  the  state 
as  o'v^ner  of  so  much  stock  in  the  said  rail  road,  in  conformity  with 
the  resolution  of  the  stockholders  in  said  rail  road,  adopted  by  them 
on  December  third,  eighteen  hundred  and  sixty-two,  in  general  meet- 
Proviso  ing  assembled  on  that  day  in  the  city  of,  Petersburg :  provided,  that 

the  said  one  hundred  and  ninety- six  thousand  dollars  shall  be  a  pre- 
ferred stuck,  and  six  per  centum  thereon  shall  be  paid  into  the  trea- 
sury of  the  commonwealth,  whenevq^  any  dividend  shall  be  declared 
■  by  the  company  :  and  provided  further,  that  the  amount  of  interest 
hereby  authorized  to  fie  converted  into  preferred  stock  shall  be  appro- 
priated exclusively  to  the  construction  of  the  new  line  of  road  near 
Farmville,  'as  provided  by  the  act  passed  the  twenty-sixth  day  of 
January,  eighteen  hundred  and  sixty-two,  for  that  purpose  :  and  pro- 
vided further,  that  this  act  shall  not  continue  to  be  in  eflect,  unless 
the -construction  of  the  new  line  referred  to  is  commenced  within  one 
year  and  completed  in  three  years  from  the  passage  of  thTs  act;  and 
upon  a  failure*  to  complete  the  same  as  aforesaid,  the  sum  hereby 
appropriated,  with  interest,  shall  be  paid  into  the  treasury  by  said 
company. 

t'ommi^ncenieiit  ■    2.  ^Tbis  act  slial!  be  in  force  from  its  passage. 


Chap.  54. — An  ACT  to  amend  and  re-enact  nn  act  entitled  an  act  to  amend 
and  re-enact  an  act  entitled  au  act  to  prevent  the  unnecessary  Consump- 
tion of  Grain  by  Distillers  and  other  Manufacturers  of  Spirituous  and  Malt 
Liquor.s,  pa.=sed  Uctober  2,  18fi"2. 

•  Passed  March  11,  1B63. 

Act.  of  1862  1.    Be  it  enacted  by  the  general  assembly,  that  the  first  section  of 

amended  .  n-ii-^,.,  ,-i-i 

•  an  act  passed  on  tlie  second  day  oi  October  eighteen  hundred  and 
sixty-two,  entitled  an  act  to  amend  and  re-enact  an  act  entitled  an 
act  to  prevent  the  unnecessary  consumption  of  grain  by  distillers  and 
other  manufacturers  of  spirituous  and  malt  liquors,  be  amended  and 
re-enacted  so  as  to  read  as  follows : 

iji.stiiiaiioii  )>r(i-       "§  1.    It  sliall  not  be  lawful  for  any  person  hereafter  to  make  or 

hibited  ,  ,  ...  ,  .   .  ,     ,. 

cause  to  l)e  made  any  whiskey,  or  otner  spirituous  or  malt  liquors, 
out  of  any  corn,  wheat,  rye  or  other  grain,  or  out  of  potatoes,  sugar, 
molasses,  sugar  cane,  molasses  cane  or  sorghum;  and  any  person  so 


DISTILLATION.  *         87 

offending  ehall  be  deemed  guilty  of  a  misdemeanor ;  and  upon  con-  Pucsaues 
viction  thereof,  shall  be  fined  for  every  oifence  not  less  than  one 
hundred  dollars  nor  more  than  five  thousand  dollars,  and  be  subject 
to  imprisonment  in  the  county  jail  not  exceeding  twelve  months,  at 
the  discretion  of  the  court:  provided,  that  this  act  shall  not  be  so  provuo 
construed  as  to  impair  the  obligation  of  any  existing  contract  legally 
entered  into  under  the  existing  laws,  or  any  rights  growing  out  of  any 
such  contract :  but  this  proviso  shall  not  be  construed  to  refer  to  any 
other  contracts  than  those  made  directly  with  the  C(jn federate  autho- 
rities, under  the  provisions  of  the  .laM'  of  October  eighteen  linndred 
and  sixty-two."  ,.  • 

2.    This  act  shall  be  in  force  front  its  iiassage.  Corn.i;.>iictuieiit 


i^'iLiP.  55. — An  ACT  to  repeal  the  act  passrJ  Octol>cr  Jst,  13u2,  entitled  an 
act  leg;aliziagfthe  Manufacture  of  Alcohol. 

Passed  March  11,  lS(i:<.  .     ■ 

1.    Be  it  enacted  by  the  general  assembly,  that  the  act  passed  Act.(.t>'« 
«)ctober  first,  eighteen  hundred  and  sixty-two,  entitled  an  act  k- "''^'*^' 
galizing  the  manufacture  of  alcohol,   be  and  the  same  is   liereliy 
repealed. 

,     2.    This  act  shall  be  in  force  from  its  passage.  .  Comc:tii(xu!i;i!f 


(Jhap.  56. — An   ACT  tor   the   Kelief  of  C(H"taiii   persons   oncca^pi!    in    tlic 
Distillation  of  Fruit. 

Passed  Slarch  S8,  1863. 

1.    Be  it  enacted  by  the  general  assembl}',  that  any  person  who  \v\i<-n  ^.trn^m 
has  iieretofore  paid  the  tax.and  the  penalty  imposed  by  the  thirty-  '^^^  ^^^^^'"^ 
tiiirJ  si-ction  of  an  act  passed  the  twenty-seventh  of  March  eighteen 
Jiundred  and  sixty-two,  or  by  an  act  pasi^ed  the  second  of  October 
eighteen  hundred  and  sixty-two,  amending  and  re-enactirrg  said  sec- 
tion, may  apjn-ar  before  the  court  of  his  county  or  corporation,  and 
make  oath  that  he  fdiiod  to  obtain  license  lor  the  distillation  of  fruit, 
only  through  ignora.nce  or  misapprehension  of  the  lavv".     Said  person 
shall  ihereupon  be  examitied  on  oath  by  the  attorney  for  the  com- 
monwealth ;  and  if  the  cnnrt  be  satisfied  that  the  failure  to  obtain  when  court  sa- 
license  was  for  the  cause  alleged,  and  not  with  intent  to  defraud  the  Jre"   '*''  °  *'' 
commonwealth,  the  court  shall  order  the  clerk  to  give  tb  said  person 
a  certificate  to  tliiit  effect;  and  whenever  such  certificate  shall  be  Auditor  to  issue 
presented  to  tiie  audilnr  of  pubiie  accounts,  witlt  siitisfaet'.jiy  prooT 
of  the  payment  of  the  tax  and  pcna'ty  into  the  treasury,  the  auditor 
shall  issue  his  warrant  on  the  treasury,  payable  out  of  any  money 


■f^S  OATH    TO    SUPPORT    USURPED    GOVERNMENT. 

tjiorein  not  otherwise  .ippropriated,  in  favor  of  said  person  for  a  sum 
f ipial  to  the  penalty,  minus  the  coramissione  of  the  sheriff:  and  upon 
a  liivc  certificat'C  and  proof  that  any  person  has  in  like  manner  satis- 
tl'.'d  the  court  of  his  county  or  corporation  that  he  hag  heretofore 
)i!iid  the  tax  imposed  by  either  of  said  acts,  and  that  he  has  distilled 
spirits  from  fruit  only  for  his  own  use,  and  has  not  distilled  more  than 
thirty- three  gallon?,  the  auditor  shall  issue  his  warrant,  payable  in 
like  tiiauner,  in  iavor  of  said  person,  for  a  sum  equal  to  the  fas  paid 
by  him,  less  the  expenses  of  collection. 

f'j'T  of  Bh^rif?  .  2.  That  upon  a  like  certificate,  it  shall  be  the  duty  of  the  sherifl' 
of  any  county  or  corporation  to  release  from  payment  of  the  penalty 
imposed  by  either  of  said  acts,  any  person  heretofore  engaged  in 
distilling  ardent  spirits  from  fruit  without  license  therefor ;  but  such 
person  shall  paj"  the  tax  imposed  by  said  acts  prior  to  his  release 
from  said  penalty ;  and  the  said  certificate  shall  serve  as  a  voucher 
for  the  sheriff  in  his  settlement  with  the  auditor. 

Aiur--ry  to  iH-  ,3.  That  in  every  case  the  said  certificate  of  the  court  shall  state 
that  the  attorney  tor  the  commonwealth  defended  the  case,  and  shall 
be  autheiiiicated  by  the  seal  of  the  county  or  corporation. 

<v.iriraer.ccineiit       4.    This  act  shuH  be  in  force  from  its  passage. 


Chap.  57. — An  ACT  couccniing  Officers  of  th<.'  State  vviio»  have  taken  an 
Oatli  to  support  ;iu  Usurped  Government  within  the  limits  of  this  State. 

Passc-a  March  26.  1863. 

What,  when  l.^Be  it  enacted  by  the  general  assembly,  that  any  ofiicer  who  has 

(•ath  tftken  by       ,  ,      ,         i  t  ■         t  t  ,        ,  <-     ,  • 

ofSr.er  been  regularly  elected  or  appointed  according  to  the  laws  of  this 

;  state,  who  has,  since  the  seventeenth  day  of  April  eighteen  hundred 
•and  sixty-one,  or  who  shall  hereafter,  voluntarily  take  an  oath  or 
aiEruiation  to  support  any  usurped  government  established  or  at- 
tempted to  be  established  within  the  limits  of  this  state,  and  who 
acts  in  such  office,  claiming  to  act  under  such  usurped  government, 
shall  be.  held  to  be  an  officer  nuder  such  usurped  government,  and  to 
Acts  void  hav.e  vacated  his  oflice  under  this  state,  and  all  his  acts  thereafter 

To  whom  act      shall  be  absolutelv  null  and  void.     This  section  shall  also  be  held  to 

£.iBO  to  apply  ,.,-,..  ,  T 

upply  to  judges  of  the  circuit  courts,  and  to  county  and  corporation 
courts  coraposeS,  in  whole  or  in  part,  of  justices  who  may  have  been 
justices  on  the  seventeenth  day  of  April  eighteen  hundred  and  sixty- 
one,  and  who  may  have  held  courts  under  the  authority  of  such 
usurped  goverunient,  or  otherwise  may  have  recognized  or  acted 
under  the  authority  of  such  usurped  government,  and  shall  have 
taken  an  oath  or  affirmation  to  support  the  same. 

Oathor  affirma-      2.    An  oath  or  affirmation  taken  before  any  person  to  support  any 
each  usurped  government,  whether  the  person  administering  it  be 


CHARTERED    COMPANIES. LUNATIC   ASYLUM,     x  89 

authorized  to  adniinistei-  an  oath  or  not,  shall  be  held  to  be  an  oath, 
within  the  meaning  and  intention  of  this  act,  and  within  th^  mean- 
ing and  intention  of  aii)  other  act  in  which  such  oath  nay  be  brought 
in  question. 

3.  No  record  evidence  of  the  election,  appointment  or  qualifica-  Record  evidenc* 

1     ,,  I  -3    not  reqnired 

tjon  of  any  officer  under  such  usurped  government  shall  be  re<iuirea, 
"but  the  person's  acting  in  the  capacity  of  an  officer,  claiming  to  act 
under  such  government,  shall  be  sufficient  to  establish  Lis  official 
character. 

4.  This  act  shall  be  in  force  from  its  passage.  ,  Comnierie<>raent 


Chap.  58. — An  ACT  to  authorize  the  trausfer  and  issue  of  new  Certificates 
of  Stock  in  Chartered  Companies  in  certain  cases. 

I'assed  March  20,  1863. 

1.  Be  it  enacted  by  the  general    assembly,    that  whenever   any  wheu  propenj 

.•  »..  -,  11,1  3111  ^o''!  ''"''  seqn(i>- 

shares  oi  stock  ni  a  chartered  comj)any  shall  be  sequestered  and  sold  tered 

under  an  order  or  decree  of  a  district  court  of  the  Confederate  States, 

as  the  property  of  an  alien  enemy,  the  proper  officers  of  such  com-^ 

pany  shall,  upon  application  of  the  receiver  making  the  sale,  assign 

or  transfer  the  same  to  the  purchaser  on  the  books  of  the  company,  * 

without  requiring  the  production  of  the  certificate  for  such  shares, 

and  shall  issue  new  certificates  of  stock  to  such  purchaser. 

2.  Be  it  further  enacted,  that  whenever  a  certificate  of  stock  in  New  crtiflcatK, 
any  chartered  company  belonging  to  a  loyal  citizen  of  the  Confede- 
rate States,  shall  l)e  beyond  his  control  by  reason  of  the  public  ene- 
my, upon  the  production  of  proper  evidence  to  the  board  of  directors 

of  the  corapanj',  of  the  ownership  of  such  stock,  a  new  certificate 

therefor  shall  issue  to  the  owner,  and  the  old  certificate  annulled  by  Old  ecrtificat-c 

an  order  of,  the  said  board  entered  on  the  records  of  the  company. 

3.  This  act  shall  be  in  force  from  its  passage.  CoEniBencornen* 


Chap.  .59. — An* ACT  making  an  Appropriation  for  the  Central  Lunatic 

Asylum. 

Passed  March  6, 1863. 

1.  Be  it  enacted  by  the  general  assembly,  that  the  auditor  of  pub-  Amount  appro- 
lie  accounts  be  and  he  is  hereby  authorized  and  directed  to  i  isue  his 
warrant  on  the  treasury,  payable  out  of  any  money  therein  not  otiier- 
wise  appropriated,  for  the  sura  of  sixty-five  thousand  dollars,  for 
the  support  of  the  Central  lunatic  asylum  at  Staunton,  for  the  fiscal 
year  ending  the  thirtieth  Sep'tember  eighteen  hundred  and  sixty- 


90  LUNATIC   ASYLUM. — FENCE   LAW. 

three.  Said  amount,  or  any  part  thereof,  to  be  paid  upon  the  order 
of  the  board  of  directors  of  said  institution,  and  to  be  in  addition  to 
the  amount  received  from  the  pay  patient  fund. 

Commeacoment      2.    This  act  shall  be  in  force  from  its  passage. 


A^'t  of  1862 
amended 


Virnt  si'Ction 
amended 


Chap.  60. — An  ACT  arneuding  and  re-enacting  the  1st  and  2d  sections  of 
an  act  entitled  an  act  to  repeal  the  Fence  Lav,'  of  Virginia  as  to  certain 
Counties,  and  to  authorize  the  County  Courts  to  dispense  with  Enclosures 
in  other  Counties,  pas.sed  October  3d,  1862,  and  to  legalize  the  Action  of- 
County  Courts  held  under  .^aid  Law. 

.  Passed  February  13,  186.'!. 

1.  Be  it  enacted  by  the  general  assembly,  that  the  first  and  second 
sections  of  an  act  entitled  an  act  to  repefil  the  fence  law  of  Virginia 
as  to  certain  counties,  and  to  authorize  the  county  courts  to  dispense 
with  enclosures  in  other  counties,  pat^sed  October  third,  eighteen 
hundred  and  sixty-two,  be  amended  and  re-enacted  so  as  to  read  as 
follows  : 

"  §  1.   Be  it  therefore  enacted  by  the  general  ar'serably  of  Virginia, 
that  the  first  section  of  the  ninety- ninth  chapter  of  the  Code  of  Vir- 
ginia, so  far  as  it  applies  to  the  counties  of  Hanover,  Henrico,  York, 
•  Warwick,  Elizabeth  City,  Alexandria,  Fauquier,  Stafford  and  King 

George,  be  and  the  same  is  hereby  repealed. 

Second  section  "  §  2.  Be  it  further  enacted,  that  the  county  courts  of  the  counties 
p^w/of  courts  "^f  Augusta,  Frederick,  Clarke,  Warren,  Culpeper,  Rappahannock, 
Norfolk,  Princess  Anne,  Mercer,  Shenandoah,  Page,  Frince  William, 
Spotsylvania,  Hampshire,  Berkeley,  Caroline,  Rockingham,  Rich- 
mond, W^estmoreland,  Loudoun,  Jefferson,  Orange,  Essex,  King  & 
Queen,  Goochland,  Giles,  Bland,  Fairfax,  Greenbrier,  New  Kent, 
Charles  City,  James  City,  Prince  George  and  Nansemond  shall  have 
power,  all  the  justices  having  been  summoned,  and  a  majority  there- 
of being  present,  to  dispense  with  the  existing  laws  iu  regard  to  en- 
closures, so  far  as  their  respective  counties  may  be  concerned,  „or 
such  parts  thereof,  to  be  described  by  metes  and  bounds,  as  in  their 
discretion  they  maj^  deesn  it  expedient  to  exempt  from  the  operation 
of  such  law." 


Airtiouof  cuuuty 
•K-nrfs  legalized 


2.  Be  it  further  enacted,  that  in  case  the  county  (courts  of  any  of 
the  counties  specified  in  the  foregoing  section  shall  have  takcn.action 
in  pursuance  of  the  provisions  of  the  act  passed  the  third  day  of  Oc- 
tober eighteen  hundred  and  sixty-two,  entitled  an  aet  to  repeal  the 
fence  law  of  Virginia  as  to  certain  counties,  and  to  authorize  the 
count}'^  courts  to  dispense  with  enclosures  in  other  counties,  since  the 
passage  thereof,  such  action  is  herelty  legalized  and  made  valid  to 
the  same  extent  as  it  would  be,  had  such  counties  been  specifically 
included  in  the  second  section  of  said.  act. 

♦t'ominencemem       3.   This  act  shall  be  in  force  from  its  passage. 


WAEEHOUSE. — FLOUR.  91 


Chap.  61. — An  ACT  .to  establish  an  Inspection  of  Tobacco  at  Kcen'.s  Ware- 
house in  the  Town  of  Danville. 

VaaaoA  March  10,  186.'?. 

'  1.  Be  it  enacted  by  the  general  assembly,  that  an  inspection  of  Warehoua*' oa- 
tobacco  be  and  the  same  is  hereby  established  at  a  warehouse  to  be 
located  on  Loyal  and  Lynn  streets  in  the  town  of  Danville,  and 
called  "•  Keen's  Warehouse,"  agreeably  to  the  provisions  of  chapter 
eighty-seven  of  the  Code  of  Virginia  (edition  of  eighteen  hundred 
and  sixty). 

2.    This  act  shall  be  in  force  from  its  passage.  Commcjic^ment 


Chap.  62. — An  ACT  to  provide  for  an  Inspection  of  Flour  in  the  Town  of 

D.nnvillo. 

Passed  March  11,  1863. 

1.  Be  it  enacted  by  the  general  assembly,  that  an  inspection  of  To  authorise  iu 
flour  be  and  the  same  is  hereby  .authorized  to 'be  established  in  and  ^p^'^'"''"  °'    *^'^' 
for  the  town  of  Danville,  under  such  regulations  as  shall  be  pre- 
scribed by  the  ordinances  of  said  town,  and  subject  ta  the  provisions 

of  chapter  eighty-eight  of  the  Code  of  Virginia  (edition  of  eighteen  * 

hundred  and  sixty). 

2.  This  act  shall  be  in  force  from  its  passage.  ,  Commencemeue 


PRIVATE  OR  LOCAL  ACTS. 


Chap.  63. — An  ACT  to  incorporate  tlio  Farmville  Insurance  Company. 
Passed  March  3,  1863. 

1.  Be  it  enacted  by  the  general  assembly  of  Virginia,  that  James?  Coccpauy  incat 
W.  Dunnington,  Howell  E.  Warren,  Frank.  N.  Watkins,  Clement  C.  '°.'^'*  ^'^ 
Kead,  James  L.  Hubard,  Nerval  Cobb,  Stephen  0.  Soathall,  Richard 
Mclhvaine,  Christopher  C.  Lockett,  Archibald  Vaughan,  and  othen* 

who  may  associate  under,  this  act,  not  less  than  twenty",  arc  hereby 
created  and  declared  to  be  a  body  politic  and  corporate,  by  the  name 
and  style  of  The  Farmville  Insurance  Company ;  and  by  that  name 
may  sue  and  be  sued,  plead  and  be  impleaded  in  all  the  courts  of  law 
and  equity  in  this  state  and  elsewl^ere  ;  and  to  make  and  have  a  com- 
mon seal,  and  the  same  to  l)reak,  alter  or  renew  at  their  pleasure ;  to 
ordain  and  establish  such  by-laws,  ordinances  and  regulations,  and 
generally  to  do  every  act  and  thing  necessary  tocarry  iuto  effect  this 
act,  or  to  promote  the  object  and  design  of  this  corporation:  pro- 
vided, that  such  by-laws,  ordinances,  regulations  or  acts  be  not  incon- 
sistent with  the  laws  of  this  state  or  of  the  Confederate  States. 

2.  ■  To  make  insurance  upon  dwellings,  houses,  stores,  and  all  other  inauraucc  hjw 
kind  of  buildings,  either  in  town  or  country,  and  upon  household  fur-  niade' 
niture,  merchandise  and  other  property,  against  loss-  or  damage  by 

fire;  to  make  insurance  upon  lives;  to  cause  themselves  to  be  rein- 
sured, when  deemed  expedient,  against  any  risk  or  risks  upon  which 
they  have  made  or  may  make  insurance  ;  to  grant  annuities ;  to  re- 
ceive endowments;  to  contract  for  reversionary  payments;  to  gua- 
rantee the  payment  of  promissory  notes,  bills  of  exchange  or  other 
evidences  of  debt ;  to  make  insurance  upcn  vessels,  freights,  goods, 
wares,  merch-andise,  specie,  bullion,  profits,  commissions,  bank  notes, 
bottomry  and  respondentia  interests,  and  to  make  all  and  every  in-  . 

surance  connected  with  marine  risks  and  risks  of  transportation  and 
navigation. 

3.  To  receive  money  on  deposit  and  grant  certificates  therefor,  in  Money  reoi^aa 
accordance  with  the  conditions  set  forth  in  sections  four  and  five,*"*  *^'*"" 
chapter  fifty-nine  of  the  Code  of  Virginia;  but  in  no  ca,ge  are  such 

deposits  or  the  certificates  therefor  to  be  held  liable  to  make  good 
any  poKcy  of  insurance  issued  by  this  company. 

4.  The  funds  of  this  company,  however  derived,  may  be  invested  iiiv€8tm«ia«(i, 

t  J  ,      1  1  1  •  .^  how  tcade 

m  or  loaued  on  any  stock  or  real  or  personal  security. 


94  INSURANCE    COMPANIES. 

Capital  stock  5.    The  capital  stock  of  said  company  shall  be  not  less  than  twenty 

^  thousand  dollars  nov  more  than  four  hundred  thousand  dollars,  to  be 

How  payable  divided  into  shares  of  fifty  dollars  each.  The  said  capital  stock 
shall  be  payable  by  each  subscriber  at  such"  time  or  times  as  it  may 
be  called  for  by  the  president  and  directors,  and  in  such  proportions 
As  they  may  deem  necessary;  and  if  any  subscriber  shall  fail  to  pay 
the  same  so  called  for,  upon  each  and  every  share  so  held,  within 
twenty  days  after  the  same  has  been  so  called  for  and  demanded, 
then  the  amount  so  called  for  may  be  recovered  by  motion,  upon 
twenty  days'  notice  in  writing,  in  any  court  of'  record  i)i  the  county 
or  place  of  residence  of  the  holder  of  stock. 

Affairs  of  t'.orc-  *  6.  The  affaivs  of  said  company  shall  be  managed  by  a  president 
»!agt-d  '""•™""  and  board  of  directors,  nine  in  number,  five  of  whom  shall  constitute 
a  quorum.  Said  directors  shall  be  elected  by  ballot  from  among  the 
stockholders  of  said  company,  in  genei'al  meeting  assembled,  by  a 
majority  of  the  votes  of  said  stockholders  present  in  person  or  by 
prosj',  according  to  a  scale  of  voting  to  be  hereafter  prescribed ;  and 
.  .  the  directors  thus  chosen  at  their  first  meeting,  shall  choose  from 
amongst  themselves  or  the  stockholders  at  large,  a  president,  and 
allow  him  a  reasonable  compensation  for  his  services :  the  said  presi- 
dent and  directors  to  continue  in  oflice  one  year,  or  until  their  suc- 
cessors are  appointed.  In  case  of  a  vacancy  in  the  office  of  presi- 
dent or  directors  from  any  cause,  the  remaining  directors  may  elect 
others  to  supply  their  places  for  the  remainder  of  the  term  for  which 
they  Avere  chosen. 

Officers,  how  ap-  7.  The  president  and  directors  of  said  company  shall  appoint  a 
secretary  and  such  otiier  clerks  and  officers  as  they  may  find  neces- 
sary for  the  proper  conducting  of  the  business  of  the  company,  and 
shall  allow  them  suitable  compensation  for  their  services :  all  of 
which  officers  shall  hold  their  places  during  the  pleasure  of  the  board 
of  directors;  and  the  said  officers  so  appointed  shall  not,  by  reason 
of  their  being  stockholders  in  said  company,  be  incapacitated  from 
giving  evidence  in  any.  suit  to' which  said  company  may  be  a  party, 
unless  said  officers  have  other  personal  interest  in  said  suit,  or  unless , 
they  shall  own  stock  to  the  amount  of  fft"ty  shares.' 

Aitfntt  8.    The  president  and  directors  shall  have  power  to  appoint  agents 

in  any  part  of  this  state  or  elsewhere ;  and  it  shall  be  the  duty  of 
said  president  and  directors  to  appoint  such  agents  in  any  city  of 
county  in  this  state,  when  requested  so  to  do  by  not  less  than  ten 
stockholders,  residents  of  such  city  or  county,  holding  not  less  than 
one  hundred  shares  of  stock;  such  agents  being  repiovable  at  the 
pleasure  of  ..the  president  and  directors. 

sii-.ivic  of  voting  9.  The  scale  of  voting  at  all  meetings  of  said  company  s^all  be, 
one  vote  for  each  share  of  stock  not  exceeding  twenty :  one  vote  for 
every  two  shares  exceeding  twenty  and  not  exceeding  two  hundred  ; 
one  vote  for  every  four  shares  exceeding  two  hundred;  and  every 


INSURANCE    COMPANIES.  95 

ptockholder  not  in  debt  to  the  company  may,  at  pleasure,  by  power 
of  attorney  or  in  person,  assign  and  transfer  his  stock  in  the  com- 
jmny,  on  the  books  of  the  same,  or  any  part  thereof,  not  being  less 
than  a  whole  share  ;  but  no  ^ockholder  indebted  to  the  company  shall 
be  permitted  to  make  a  transfer  or  receive  a  dividend  until  such  debt 
is  paid  or  s'ecured  to  the  satisfaction  of  the  board  of  directors. 

10.  The  president  and  directors  shall  have  power  to  declare  such  DivicUuds.  how 
dividends  of  the  profits  of  the  company  as  they  may  deem  proper: 
provided,  that  no  dividend  shall  be  declared,  when,  in  the  opinion  of 

a  majority  of  the  board,  the  capital  stock  would  be  impaired  thereby. 
They  shall  also  make  and  publish  at  the  end  of  every  year,  except 
that  in  which  the  company  goes  into  operation,  a  report  showing  the 
condition  of  the  company  in  regard  to  its  business  for  the  current 
year. 

11.  The  members  of  the  company  shall  not  be  liable  for  any  loss, 
damage  or  responsibility  other  tliau  the  property  they  have  in  the 
capital  of  the  company,  "to  the  amount  of  the  shares  respectively 
held  by  them,  and  any  profits  arising  thereupon  and  not  divided. 

12.  The  persons  named  in  the  first  section  shall  be  commissioners,  sto^khoWe-s 
whose  duty  it  shall  be,  within  six  months  after  the  passage  of  this    "^  f-F<'=^- 
act,  at  some  suitable  place  in  the  town  of  Farmville,  and  elsewhere  in 
Virginia,  to  open  books  to  receive  subscriptions  to  the  capital  stock 

of  said  corporation;  and  five  days'  notice  shall  be  given  by  said  com- 
missioners of  the  time  and  place  of  opening  said  books,  in  the'news- 
papers  published  in  the  city  of  Richmond;  which  books  shall  not  be 
closed  in  less  than  twent-y  days  from  the  time  of  opening.  The  said 
commissioners  shall  give  a  like  notice  for  a  meeting  of  the  stock- 
holders to  choose  directors  ;  and  they  shall  supervise  the  first  election 
of  said  officers,  and  shall  deliver  over  to  them,  when  so  elected,  any 
property  belonging  to  the  corporation  that  may  have  come  into  their 
hands. 

13.  Nothing  in  this  act  shall  be  so  construed  as  to  authorize  said  Restncnoa 
company  to  issue  and  put  into  circulation  any  note  in  the  nature  of  a 

bank  note.  , 

■  14.    This  act  shall  be  in  force  from  its  passage,  and  subject  to  Comme.i;cetr..->n« 
.modification,  amendment  or  repeal,  at  the.  pleasure  of  the  general 
assembly. 


Chap.  64. — An  ACT  incorporating  the  Insurance  and  Savings  Society  of 

Feteisbui-o;. 

Passed  March  10, 1863. 

1.   Be  it  enacted  by  the  general  assembly  of  Virginia,,  that  Reuben  company  inc 
Ilagiand,  Nathaniel  F.  Rives,  David  B.  Dugger,  Charles  H.  Cuth-  p"'^**^ 


96  INSURANCE    COMPANIES. 

bert,  Robert  W.  Brodriax,  Thomas  A.  Proctor,  John  D.  Ragland, 
James  Chieves?,  Edmund  H.  0^»bo^ne,  Philip  H.  Taylor,  J.  Herbert 
Claiborne,  Robert  Y.  Jones,  Thomas  R.  Moore  and  Alexander  C. 
Harrison,  a.nd  their  associates  and  successors,  who  may  hereafter  be- 
come subscribers  or  stockiiolders,  be  and  they  are  hereby  constftnted 
and  made  a  body  politic  and  corporate,  under  the  name  and  style  of 
PriffUegM  of  the  The  City  Insurance  and  Savings  Society  of  Petersburg;  and  by  that 

c->Djj>ftnv  11,   1  1  --111,  Ti 

name,  shall  have  perpetual  succession,  and  be  able  to  sue,  and  be 
sued,  plead  and  be  impleaded  in  all  courts  in  this  state  and  elsewhere ; 
and  to  have  a  common  seal,  and  the  same  to  alter  and  renew  at  their 
pleasure;  and  to  mate  and  ordain  such  ordinances  and  regulations, 
and  generally  to  do  all  such  acts  and  things  ai?  may  ba  necessary  to 
carry  into  effect  this  act,  and  promote  the  object  and  design  of  this 
corporation. 

Capital  stock  2.   The  capital  stock  of  said  corporation  shall  not  be  less  than  two 

How  divided  hundred  thousand  dollars,  to  be  divided  into  shares  of  one  hundred 
dollars  each,  with  power  to  increase  the  same  to  a  sum  not  exceeding 
one  million  of  dollars,  whenever  a  majority  of  the  stockholders  in 
interest  shall  in  general  meeting,  from  time  to  time,  determine  80 
to  do. 

How  capital  3.    The  Capital  stock  shall  be  paid  as  follows  :  twenty  dollars  per 

share  before  or  at  the  general  meeting  for  the  organization, of  the 
•  company,  to  the  four  associates  herein  first  named,  who  are  hereby 

appointed  commissioners  (any  three  of  whom  may  act),  and  the  resi- 
due thereafter  as  may  be  required  by  the  pres^ident  and  directors. 

When  meeting        4.   Whenever  it  shall  appear  to  the  commissioners  aforesaid  that 
eca  c  ^^,^  hundred  thousand  dollars  of  the  capital  has  been  subscribed,  and 

forty  thousand  dollars  thereof  has  been  paid  to  them  in  cash,  the  said 
commissioners  shall,  by  service  of  personal  notice  or  otherwise,  call 
a  general  meeting  of  the  subscribers  or  stockholders,  at  a  certain 
PTtsidt)'..t  and      time  and  place  in  said  cit}-,  to  organize  said  corporation.     In  such 
ftiec?^"^"'  ^°^     meeting  the  subscribers  or  stockholders  shall  proceed,  under  the  in- 
.    spection  of  the  commissioners,  to  elect  a  president  and  three  direc- 
tors.    The  commissionerfj  shall  forthwith,  after  said  election,  pay 
over,  as  the  president  and  directors  may  order,  all  moneys  received 
by  them  from  the  subscribers  to  the  capital  stock  of  the  company,  and 
deliver  up  all  books  and  papers  in  their  hands  concerning  the  same. 

Mojiftffecxont  «'>•    The.  affairs  of  the  corporation  shall  be  managed  by  the  presi- 

dent and  three  directors,  being  stockholders  (a  majority  of  whom 
shall  constitute  a  quorum),  who  shall  be  chosen  by  the  stockholders 
•in  general  meeting,  and  continue  in  office  for  one  year,  .and  until 

VacftncJes,  how  Others  are  elected  in  their  stead  ;  and  in  case  of  the  death,  resigna- 
tion or  disqualification  nf  the  president  or  any  of  the  directors,  the 
remaining  members  of  the  tlirectory  shall  elect  others  to  fill  the  va- 
cancies for  the  residue  of  the  term  for  which  they  were  chosen. 

wto  to  cocsu         6.    In  all  general  meetings  of  the  stockholders,  a  majority  of  all 

lute  a  quorum 


INSURANCE   COJiPANIES.  97 

lilie  stockliolders  in  interest  bein,:^  present  in  person  or  by  prosy,  shall 
constitute  a  quorum  for  the  transaction  of  business.  Each  stock- 
holder shall  be  entitMd  to  as  many  votes'  as  he  may  hold  shares  in 
said  company.  The  stockholders  in  general  meeting  shall  have 
power  to  fix  the  time  and  place  of  the  annual  meetings,  aud  to  pre- 
scribe the  mode  in  which  general  meetings  of  the  stockholders  may 
be  called  by  the  directory,  and  the  manner  in  which  the  stockholderr; 
shall  be  notified  of  all  meetings  of  their  body.  The  stockholders  Compensation  oj 
shall  determine  and  fix  the  compensation  of  the  president.  ^  ^" 

7.  The  president  aud  directors  may  appoint  and  dismiss  at  their  secretary  and 
pleasui'e,  a  secretary  and  such  other  officers  as  may  be  necessary  for  how  appointeii 
the  transaction  of  the  business  of  the  company,  and  allow  such  com- 
pensation for  their  services  as  they  may  deem  reasonable  ;  and  may  Bond  and  secu 
require- such  secretary  and  other  officers  to  enter  into  bonds  with  se-  ^  •       e  given 
«urity  for  the  faithful  discharge  of  their  duties.  x 

8.  Every  stockholder,  not  in  debt  to  the  company,  may,  subject  fe  As«gnment  of 
such  regulations  and  upon  such  terms  as  the  stockholders  may  pre-  '"'^'"^ " 
scribe,  in  person  or  by  attorney,  assign  his  stock,  or  any  number  of 

his  shares,  on  the  books  of  the  company:  but  no  stockholder  indebted 
to  the  company  shall  assign  or  make  a  transfer  of  his  stock  or  receive 
a  dividend,  until  such  debt  is  paid,  or  secured  to  the  satisfaction  of 
the  board  of  directors. 

9.  The  president  and  directors  are  authorized  to  make  insurance  Auraority  to 
upon  vessels,  freights,  merchandise,  specie,  bullion,  jewels,  .profits,  upon  veaseis,  4c 
commissions,  bank  notes,  bills  of  exchange,  and  other  evidences  of 

debt,  bottomry  and  respondentia  interests,  and  make  all  and  every  in- 
surance connected  with  marine  risks,  and  risks  of  transportation  and     * 
aavigation. 


10.   To  make  insurance  on  dwellings,  houses,  stores  and  other  insurance  upon 
ads  of  buildings,  aud  upon  household  furniture 
and  merchandise  against  loss  or  damage  by  fire. 


kinds  of  buildings,  aud  upon  household  furniture  and  other  property 


11.  To  make  insurance  on  lives;  to  grant  annuities;  to  guarantee  insurance  upcm 
the  paymeiit  of  notes,  bonds  and  bills  of  exchange ;  and  to  make  all 

kinds  of  contracts  for  the  insurance  of  every  description  of  property : 
■^0  x'eceive  money  on  deposit,  and  to  pay  interest  thereon,  as  may  be  To  receive  mo 
advantageous  to  the  stockholders ;  to  provide  for  the  investment  of  ""•  "^°"  ''^^^'^ 
funds  ef  the  company  in  any  way  which  may  be  deemed  inost  bene- 
ficial ;  and  to  invest  the  same  in  any  stock  of  any  kind,  or  loans  or 
■otherwise,  as  may  be  judged  best  for  the  interest  of  the  company: 
provided  always,  that  nothing  in  tbis  act  shall  be  construed  to  autho-  Proviso 
rize  said  company  to  issue  or  put  into,  circulation  any  note  of  the 
nature  of  a  bank  note,  or  to  own  more  land  than  is  necessar)"-  for  an 
office  building. 

12.  All  policies  of  insurance  and  other  contracts  made  by  the  said  Effect  of  the  p«. 
•company,  signed  by  the  president  and  countersigned  by  the  secretary,  '^'^^ 


XUvWends  to  be 
declared 


General  meetini 
TO  be  called 


98  INSURANCE    COJIPANIES. 

shall  be  obligatory  on  said  company,  and  have  the  same  effect  as  if 
-  '     the  said  policies  and  contracts  had  been  attested  by  a  corporate  seal. 

13.  The  president  and  directors  may  declare  seiaii-annual  or  other 
dividends  of  the  profits  of  the  company,  as  they  may  deem  proper ; 
but  no  dividend  shall  be  declared  when  in  the  opinion  of  a  majority 
of  the  board  the  capital  stock  would  be  impaired  thereby. 

14.  The  president  and  directors  may,  at  any  time  when  deemed 
necessary  by  them,  crdb  a  general  meetiirg-  of  the  stockholders;  and 
any  number  of  stockholders  owning  not  less  than  one-fourth  of  the 
whole  number  of  shares,  may  require  the  president  and  directors  to 
call  such  meeting,  and  on  their  refusal  to  do  so,  may  themselves  call 
such  meeting,  giving  fifteen  days'  notice  thereof  intone  or  more  ef 
the  newspapers  published  in  the  city  of  Petersburg. 

15.  The  president  and  directors  may  appoint  an  agent  in  any  of 
the  cities,  towns  or  counties  of  this  state  or  elsewhere,  to  receive 
offerings  for  insurance,  and  for  the  transaction  of  such  business  of 

.the  company  as  may  be  confided  to  him. 

16.  The  corporation  hereby  created  shall  be  subject  to  the  pro- 
visions of  the  Gode  of  Virginia,  so  far  as  the  same  are  applicable  ta 
it,  and  not  inconsistent  with  the  provisions  of  this  act ;  and  this  act 
shall  be  subject  to  alteration,  amendment  or  repeal,  at  the  pleasure 
of  the  general  assembly. 

^kimmenccment       17.   This  act  shall  be  in  force  from  its  passage. 


Agent  to  be  ap- 
pointed 


OoBopany  incor- 
porated 


■Sy-lavTH,  Ac 


Provito 


CilAr.  65. — ^.An  ACT  to  incoi-porate  the  Coufederate  Insmance  Company.* 
Passed  February  4,  1B63. 

1.  Be  it  enacted  by  the  general  assembly  of  Virginia,  that  James 
L.  Cabell,  H.  Howard,  K.  H.  Massie,  B.  C.  Flannagan,  W.  P. 
Parish,  J.  T.  Eandolph,  James  Fife,  A.  P.  Abell,  E.  J.  Timl4rlake, 
William  A.  Bibb,  and  others  who  may  associate  underthis  act,  not 
less  than  twenty ^^ are  hereby  created  and  declared  to  be  a  body  poli-. 
tic  and  corporate,  by  the  name  and  style  of  The  Confederate  Insu- 
rance Company;  and  by  that  name,  may  sue  and  be  sued,  plead  and 
be  impleaded  in  all  the  courts  of  law  and  equity  in  this  state  and 
elsewhere ;  and  to  make  and  have  a  common  seal,  and  the  same  to 
break,  alter  or  renew  at  their  pleasure;  to  ordaiuand  establish  such 
bj^-laws,  ordinances  and  regulations ;  and  generally  to  do  every  act 
and  tiling  necessary  to  carry  into  effect  this  act,  or  to  promote  the 
object  and  design  of  this  corporation :  provided,  that  such  by-laws, 
ordinances,  regulations  or  acts  be  not  inconsistent  with  the  laws  of 
this  state  or  of  the  Confederate  States. 


'  Tax  paid  ji'rice. publication  of  Acts  of  1862 


INSURANCE   COMPANIES.  S9 

2.  To  malie  insurance  upon  dwellings,  liousee,  stores  and  all  other  To  insure  dwei- 
liind  of  building,  eitlier  in  town  or  country,  and  upon  liousehold  fur-     °  • 
tiiture,  merchandise  and  other  property,  against  kiss  or  damage  by 

the;  to  make  insurance  on  lives;  to  cause  themselves  to  be  rein- 
sured, when  deemed  expedient,  against  any  risk  or  risks  upon  which 
they  .have  made  or  may  make  insurance;  to  grant  annuities;  to 're- 
ceive endowments;  te  contract  for  reversionary  payments;  to  gua- 
rantee the  payment  of  promissory  notes,  bills  of  exchange  or  other  • 
<5vidence  of  debt;  to  make  insurance  npon  vessels,  fe-eights,  goods.  To  insure  ve»- 
wares,  raerclHindise,  specie,  bullion,  profits,  commissions,  bank  notes, 
t)ottonn-y  and  respondentia  interests ;  and  to  make'all  and  e\Qry  in- 
sui-Snce  coQuected  with  marine  risks  of  transportation  asd  naviga- 
tion. ^ 

3.  To  receive  money  on  deposit,  and  gra-Cit  certificates  thei'efbr,  in  To  receive  mr. 
accordance  with  the  conditions  set  forth  in  sections  four  and  five,  ""^"^  ""  «pos.v 
chapter  fifty-nine  of  the  Code  of  Virginia;  but  in  no  case  are  such 
tlepusits,  or  the  certincates  ther^^for,  to  be  held  liable  to  make  good 

any  policy  on  insurance  issued  by  this  corapan}', 

4.  The  funds  of  this  company,  however  derived,  may  be  invested  Fnn.is  tobesc- 

,1  1  .,  I  .,  ,  1.  ,.         vested  or  loan«l 

iin  or  loaned  on  any  stock  or  real  security,  or  be  used  m  purchasmg 

bonds  of  this  state  or  of  th-e  Confederate  States.     The  said  company  rower  to  pur 

,     ,1    ,  ,  1  ii  •  •         i      1  1   i     chase  and  hold 

shall  have  power-  to  purchase  or  otherwise  acquire,  to  have  and  to  lands 
hold,  and  likewise  to  convev  and  to  sell,  anv  real  or  personal  estate, 
for  the  purpose  of  securing  anj'  debt  or  debts  that  may  be  due  tiP    . 
them,  and  to  lend  money  upon  personal  or  real  estate. 

5.  The  capital  of  said  company  shall  be  not  l^ss  than  twenty  Capit;ii 
thousand  dollars  nor  more  than  five  hundred  thousand  dollars,  to  be 
^divided  into  shares  of  fifty  dollars  each.     The  said  capital  stock  shall  iio^  capital 
be  payable  by  each  subscriber  at  such  time  or  times  as  it  may  be      '-^J''^* 
called  for  by  the  president  and  directors,  and  in  such  proportions  as 

they  may  deem  necessary  ;  and  if  any  subscriber  shall  fail  to  pay  the 
sums  so  called  for  upon  each  and  every  share  so  held,  within  twenty 
days  after  the  same  has  been  so  called  for  and  demanded,  then  the 
amount  so  called  for  may  be  recovered  by  motion,  upon  twenty  days' 
notice  in  writing,  in  any  court  of  record  in  the  county  or  place  of 
residence  of  the  holder  of  stock. 

6.  The  affairs  of  said  company  shall  be  managed  by  a  president  Manag^ement  o.'* 
and  board  of  directors,  seven  in  number,  four  of  whom  shall  eonsti-  ^°  *-o™paiiy 
tute  a  quorum.     Said -directors  shall  be  elected  by  ba'llot  from  among  Directors,  how 
the  stockholders  of  said  corapau}-,  in  general  meeting  assembled,  ]>y  ^  ^'^''^'^ 

a  majority  of  the  votes  of  the  stockholders  present  in  person  or  by 

proxy,  according  to  a  scale  of  voting  to  be  hereafter  prescribed ;  and  President,  how. 

the  directors  thus  chos(in,  at  their  first  meeting  shall  choose  from 

among  themselves,  or  the  stockholders  at  large,  a  president.     The  Term  of  office 

said  president  and  directots  to  continue  in  olEce  one  year,  or  until 

their  successors  are  appointed.     In  (^Bfof  a  vacancy  in  the  office  of  vacancy,  hew 

Hr  filled 


ioo 


INSUEANCE   COMPANIES^ 


Secretarv,  how 
appoiuted 

Compons;T.?:on 


Power  to  ap- 
point affent:; 


president  or  direciors,  from  aoy  cause,  the  remaining  directors  mar 
'  elect  others  to  s'applj:  their  places  for  the  Tomaiuder  of  the  term  for 
which  they  were  chosen. 

7.  The  president  and  directors  of  said  company  shall  appoint  s 
secretary  and  snch  other  clerks  and  ofScers  as  they  may  find  neces- 
sary for  the  proper  conducting  of  the  business  of  the  eorapany,  and 
shall  allow  them  suitable  compensation  for  their  services:  all  of 
which  officers  shall  hold  their  places  during  the  pleasure  of  the  board 
of  directors  ;  and  the  said  officers  so  appointed  shall  not,  by  reason 
of  their  being  stockholders  in  said  company,  be  incapacitated  from 
giving  eTideuce  in  any  suit  to  which  said  company  may  be  a  party? 
linless  said  officers  have  other  personal  interest  in  said  suit,  or  unlese- 
they  shall- own  stock  to  the  amount  of  one  hundred  shares. 

8.  The  president  and  directors  shall  have  pov/^e?  to  appoint  agents 
in  any  part  of  this  state  or  elsewhere ;  and  it  shall  be  the  duty  of 
,"?aid  president  and  directors  to  appoint  sueh  agents  in  any  city  or 
county  in  this  state,  when  requested  so  to  do  by  not  less  than  ten 
stockholders,  res^idents  of  such  city  or  county,  holding  not  less  than 
one  hundred  shares  of  stock:  such  agents  being  removable  at  the 

'  pleasure  of  the  president  and  directors. 

Scai.p  of  voting  9.  The  scale  of  voting  at  all  the  meetings  of  said  company  shall 
be  one  vote  for  each  share  of  stock  not  exceeding  twenty ;  one  vote 
for  every  two  shares  exceeding  twenty  and  not  exceeding  two  hun- 
iranl-  orcd ;  one  vote  for  every  four  shares  exceeding  two  hundred ;  and 
every  stockholder  not  in  debt  to  the  company  may  at  pleasure,  in 
person  or  by  power  of  attorney,  assign  and  transfer  his  stock  in  the 
company,  oh  th^  books  of  the  same,  or  any  part  thereof,  not  being 
,  ■  less  than  a  whole  share ;  but  no  stockholder  indebted  to  the  company 
as  principal  or  endorser  on  paper  due  or  to  mature,  shall  be  permit- 
ted to  make  a  transfer  or  receive  a  dividend  until  such  debt  i^  paid^ 
or  secured  to  the  satisfaction  of.  the  board  of  directors. 


Power  to 
fer  atocfe 


Oirideaii 


To  make  and 
publish  report 


Liability  of 
members 


Books  of  sab- 
Bcription  to  be 


10.  The  president  and  directors  shall  have  power  to  declare  suck 
dividends  of  the  profits  of  the  company  as  they  may  deem  proper : 
provided,  that  no  dividend  shall  be  declared  when,  in  the  opinion  of 
a  majority  of  the  board,  the  capital  stock  would  be  impaired  thereby- 
Tliey  shall  also  make  and. publish  at  the  end  of  every  year,  except 
that  in  which  the  company  goes  into  operation,  a  report  showing  the 
condition  of  the  company  in  regard  to  its  business  for  the  curre^it 
year. 

11.  The  members  shall  not  be  liable  for  any  loss,  damage  or  re- 
sponsibility other  than  the  property  they  have  in  the  capital  of  the 
company,  to  the  amoimt  of  the  shnres  respectively  held  by  them,  and 
any  profits  arising  thereupon,  not  divided. 

12.  The  persons  named  in  the  first  section  shall  be  commissioners, 
whose  duty  it  shall  be,  witku^six  months  after  the  passage  of  this 


I 

INSURANCE   COMPANIES.  •  101 

act,  at  some  suitable  place  iii  the  town  of  Cliar.lottesvillei  autl  at  suck 
other  places  as  they  may  deem  proper,  to  open  books  to  receive  sub- 
scriptions to  the  capital  stock  of  eaid  corporation ;  and  five  days'  no-  Commi-sionerE 
tice  shall  be  given  by  said  commissioners  of  the  time  and  place  of 
•opening  said  books,  in  the  newspapers  published  in  the  town  of  Char- 
lottesville :  which  books  shall  not  be  closed  in  less  than  twenty. days 
from  the  time  of  opening.  The  said  commissioners  shall  give  a  like 
aotiee  for  a  meeting  of  the  stockholders  to  ehoos.e  directors.  Thej' 
shall  supervise  the  first,  election  of  said  ofEcer8,aud  shall  deliver 
over  to  them,  when  so  elected,  any  property  belonging  to  the  corpo- 
i'ation,  that  may  have  come  into  their  hands. 

13.   This  act  shall  be  in  force  from  its  passage;  and  the  legiela-  Cunu^isctmer,; 
ture  of  Virginia  reserves  to  itself  the  power  of  altering,  amending  or 
jrepeaJing  any  of  the  provisions  thereof. 


CiiAF.  66. — An  ACT  to  .amend  the  44h  section  of  an  '<i.ct  to  mcorporato  the 
Confederate  losuraace  Comiiany,  passed  4th  FeVjruarj  ISo^.*" 

Passed  March  4,  Ifio'i 

I.   Be  it  ensteted,  that  the  feurth  section  of  the  act  to  incorporate  ActKiRiended 
The  Confederai;e  Insurance  Company,  passed  fourth  February  eigh-  ^ 

teen  hundred  and  sixty-two,  be  and  is  hereby  amended  and  re-enacted 
.30  as  to  read  as  follows ; 

"  §  ^  The  companj^  shall  have  power  and  authority  to  invest  its  Funds,  cow  ia- 

.  vGSte<i 

^japital  stofik  and  other  funds  in  bank,  state  or  other  stocks^  in  the 

jmrehase  of  bonds  iss^jed  by  this  or  any  other  state,  or  of  the  Cou- 

tfedcrate  States,  and  of  bonds  of  any  incorpoj-ated  company;  to  lend 

money  upon  persoaai  or  r-eal  security ;  and  to  purchase  or  otherwise  Real  or  perBciiii 

ac<^uire,  to  have  and  to  hold,  and  likewise  to  convey  and  sell  any  real 

•or  personal  estate,  for  the  purpose  of  seeuring  any  debt  or  debts  thai 

snay  be  due  to  tkom,  and  for  their  own  use  and  coavenience." 

■2.   This  aet  shall  be  in  fojee  from  its  passage..  CodNnencem-eit 


Chap..  67. — Aa  ACT  -to  amend  aad  rs-eiiaet  section  1 2  of  an  act  passed  Mavdi    j 
29,  1861,  ifficoxporating  the  Rockbridge  Insurance  Coinpany, 

Passed  February  9, 1863. 

1.   Be  it  enacted  by  the  gene-ral  assembly,  that  the  tweli'th  section  Act  of  isti 
'Of  an  act  passed  March  twenty-ninth,  eighteen  hundr-od  and  sixty- '^"'^^ 
'(me,  entitled  an  act  incorporating  the  Rockbridge  insurance  company; 
be  amended  and  re-enacted  so  as  to  read  as  follojj's : 

•'  Tax  paid-S2^c«  pabUcaU.^of  Acts  of  186a 


102 


IMPORTING   AND   EXPORTING   COMPANIES* 


Commissicncri?  "  §  12.  TJie  pei'sons  named  in  the  first  section  of  said  act  sliall  be 
eomraissioners,  whose  duty  ft  shall  he,  within  six  months  after  the 
passage  of  this  act,  at  some  suitable  place  in  the  town  of  Lesijigton^ 

Books  and  at  such  other  place  as  they,  may  deem  proper,  to  open  hooks  tO' 

receive  subscriptions  to  the  capital  stoet  of  said  ®orporation  ;  anc? 
five  days'  notice  shall  be  given  by  said  commissioners  of  the  tiaie  and 
pJace  of  -opening,  said  books,  in  the  newspapers  published  Tn  the  towa 
of  Lexington  ;  wfiich  books  shall  not  be  eloped  in  less  than  twenty 
days  from  the  time  of  opening.  .  The  said  commissioners  shall  give  & 
Tike  Dotice  for  a  meeting  of  the  stockholders  to  choose  directors. ' 

fropertv,  hotv  They  shall  supervise  the  first  election  of  said  officers,  and  shall  de- 
liver, over  to  them,  when  so  elected,  anj  property  belonging  to  thc^ 
corporation  that  ma}'-  have  come  into  their  hands." 

CommeEwmcat       2.    This  act  shall  be-  in  force  fro-m  its  passage-. 


Corpora? 
s'owers 


Capital 


Affairs  r>f  com- 
pany, hosv  ma- 


CoaaisenE^inent 


Chap.  68. — An  ACT  to  ineorgonjte  tli:'  Rfchirrfrnd  Importing'  and  Exjwrtuig" 

t'oiiipaiiY, 

Passed  February  21,  1865. 

1.  Be  it  enacted  by  the  general  assembly  of  Virginia,  that  Tho- 
mas W.  McCance,  John  D.  Harvey,  Emaau&l  Miller,  T.  Edwart^ 
Hambleton,  Jr.,  Andrew  L.  Ellett,  Alfred  Moses,  William  Barrett, 
James  L.  Apperson,  Eobert  H.  Maury,  William  Bouhvave,  Williaiii 
Allen,  William  G.  Paine  and  Samuel  J.  HajTi«OH,  together  with 
such  other  persons  and  firms  as  are  now  connected  with  them,  under 
the  name  and  style  of  the  Kichndoud  importing  and  exporti^  com- 
pany, b^  and  the  same  are,  together  with  their  successors  and  assigns, 
hereby  made  and  constituted  a  body  corporate,  under  the  said  name 
and  style  of  The  Richmond  Importing  and  Exporting  Company,  for 
the- purpose  of  owning,  navigating  ana  freighting  ships  and  other 
Tessels  eng^getl  in  foreign  and  domestic  commerce,  trading  from  the 
ports  of  the  Confederate  States  of  Ameuca.  The  capital  of  the  said 
company  shall  not  be  less  than- five  hundred  thousand  dollars  nor 
more  than  two  millions  of  dollg>rs,  and  i^^all  be  held  in  shares  of  five- 
hundred  dollars  each.-  The  affairs  of  the  company  shall  be  managed 
by, a  p?e&ident  and  board  of  directors,  whose  term  ©f  office  and  their 
number  shall  be  determined  and  elected  hy  the  stockho-klers ;  and 
the  said  board  of  directors  shaH  possess  all  the  c-orporate  powers  of 
the  company :  pi'ovided,  however,  that  nothing  in  this  aet  shali 
change  or  affect  the  rights,  obligations,-  exemptions. and  immunities- 
of  the  said  company,  untfer  the  provisions;  of  the  laws  of  the  Con- 
federate States  applicable  to  owners  of  vessels-:  and  provided,  that 
the  said  company  shall  be  subject  to  such  general  laws  as  may  affect, 
corporations  of  this  character. 

2.  This  act  shall. be  in  force  from  its  passag^,  and  shalll>e  subject 
to  repeal,  modification  or  amendment,  at  the  pleasure  of  the  generaS 
as^semJblv. 


IMPOETING   AND    EXPORTING    COMPANIES.  103 


,CnAP.  69. — An  ACT  to  amend  and  re-enact  an  act  entitled  an  act  to  iucur- 
porate  the  Eichraoud  Importing  and  Exportiug  Company,  passed  Februafv 
2] ,  1863. 

Passed  March  12,  1963. 

1.  Be  it  enacted  by  the  general  assembly,  that  the  act  passed  Feb-  Company  kicor 
mary  twenty-first,  eighteen  hundred  and  sixty-three,  entitled  an  act 

to  incorporate  the  Richmond  impoi'ting  and  exporting  company,  be 

amended  and  re-enacted  so  as  to  read  as  follows  : 
# 
"Be  it  enacted  by  the  general  assembly  of  Virginia,  that  Thomas 

W.  McCance,  John  D.  Harvey,  "Emanuel  Miller,  T.  Edward  Ham- 
bleton,  Jr.,  Andrew  L.  Ellett,  Alfred  Moses,  William  Barrett,  James 
L.  Apperson,  Eobert  H.  Maury,  William  Boulware,  William  Allen, 
William  G.  Paine  and  Samuel  J.  Harrison,  together  with  such  other 
persons  and  firms  as  are  now  connected  with  them,  under  the  name 
and  style  of  the  Richmond  importing  and  exporting  company,  be  and 
the  same  are,  together  with  their  successors  and  assigns,  hereby  made 
and  constituted  a  Ijody  corporate,  under  the  said  name  and  style  of  Corporate  nam.- 
The  Richmond  Importing  and  Exporting  Company,  for  the  purpose  Po-svers 
of  owning,  navigating  and  freighting  ships  and  other  vessels  engaged 
in  foreign  and  domestic  commerce,  tniding  from  the  ports  of  the  Con- 
federate States  of  America,  and  with  power  to  purchase  and  sell  and 
otherwise  to  deal  in  tlie  products  and  commodities  so  freighted  or 
intended  to  be  freighted." 

2.  The  capital  of  the  said  company  shall  not  be  less  than  five  Capital 
hundred  thousand  dollars  nor  more  than  two  millions  of  dollars,  and 

shall  be  held  in  shares  of  five  hundred  dollars  each.  The  affairs  of  Affaire,  how 
the  company  shall  be  managed  by  a  president  and  board  of  directors,  '^■^°''^'' 
whose  term  of  ofBce  and  their  number  shall  be  determined  and  elect- 
ed by  the  stockholders ;  and  the  said  board  of  directors  shall  possess 
all  the  corporate  powers  of  the  company :  provided,  however,  that 
nothing  in  this  act  shall  change  or  affect  the  rights,* obligations,  ex- 
emptions and  immunities  of  the  said  company,  under  the  provisions 
■of  the  laws  of  the  Confederate  States  applicable  to  owners  of  vesstils  : 
and  provided,  that  the  said  company  shall  be  subject  to  such  general 
l^ws  as  may  affect  corporations  of  this  character, 

3.  This  act  shall  be  in  force  from  its  passag-e,  and  shall  be  subject  Commencenient 
to  repeal,  modification  or  amendment,  at  the  pleasure  of  the  general 
assembly. 


104  TAN-YARD    COMPANIES. ^BANKS. 


Chap.  70, — An  ACT  to  incorporate  tlie  Prospect  Taii-yard  Company  in  ih& 
County  of  Prince  Edward. 

,  Pciss^ed  February  2,  18ti3. 

Compauy  iuoor-       1.    Be  it  enacted  by  the  general  assembly  of  Virginia,  that  Joel 
i>ora  e  Elaiu,  Jaines  Venable,  William  Jones,  ^.  F.  Hvmt,  E.  V.  Davis,  H. 

B.  Brightwell,  Isaac  Glenn,  T.  Osborne,  A.  E.  Venable,  F.  B.  Wat- 
kins  and  J.  J.  Brightwell,  and  such  other  persons  as  may  be  asso- 
ciated with  them,  and  their  successors,  shall  be  and  are^ereby  incor- 
Name  of  com-     porated  and  made  a  body  politic,  under  the  name  and  style  of  The 
Kights and privi  Prospect  Tan-yard  Company;    and  by  that  name  and  style,  may 
'*'^®*  have  a  common  seal,  and  be  invested  with  all  the  rights  and  privi- 

leges, and  made  subject  to  all  the  limitations  and  restrictions  con- 
tained in  the  Code  of  Virginia,  so  far  as  the  same  may  be  applicable, 
and  not  inconsistent  with  the  provisions  of  this  act. 

Power  to  pur-         2.    The  said  company  may  purchase  and  hold  real  estate  in  the 
»,  -ase  rea  es  .a  e  pQ^^^y  of  Pnnce  Edward,  not  exceeding  twenty  acres,  and  such  other 

property  as  they  may  deem  necessary  for  the  manufacture  of  leather, 

shoes  and  harness. 

Capital  3.    The  capital  stock  of  said  company  sliall  not  exceed  ten  thou- 

sand dollars,  and  shall  be  divided  into  shares  of  iifty  dollars  each ; 
and  the  shaVes  shall  be  transferable  agreeably  to  the  by-laws  of  said 
company.  ' 

Oonimencenn.nt      4.   This  act  shall  be  in  force  from  its  passage. 


Chap.  71. — An  ACT  to  anthoriae  the  Bank  of  Rockingham  to  increase  its 
Contingent  Fund. 

Passed  January  211, 1S(")3.  ^ 

Contingent  fund  1.  Be  it  inacted  by  the  general  assembly  of  ViJ'ginia,  that  the 
Bank  of  Eockingham  is  authorized  to  increase  its  contingent  fund  to 
a  sum  not  exceeding  twenty  per  centum  upon  its  capital  stock  paid  in. 

Commencement      2.   This  act  shall  bc  in  force  from  its  passage. 


Chap.  72. — Ah  ACT  to  amend  the  Charter  of  the  Bank  of  Rockingham. 
Passed  March  11,  1?63. 

1.  Be  it  enacted  by  the  general  assembly,  that  the  sixth,  seventh, 
eighth,  ninth,  tenth  and  eleventh  sections  of  the  act  passed  on  the 
twelfth  day  of  January  eighteen  hundred  and  fifty-three,  entitled  an 
act  to  incorporate  the  Citizens  Bank  of  Virginia,  now  known  by  the 


BANKS.  105 

name  and  style  of  the  Bank  of.  Eockingham,  be  and  the  same  are 
herebj;.  repealed. 

2.  That  the  twelfth  section  of  the  same  act  be  and  the  same  is  Charter 
hereby  amended  and  re-enacted  so  as  to  read  as  follows ! 

"§  12.    The  charter  of  the  said  bank  shall  continue  and  be  in  force  VQien  ciiarter 
until  the  first  day  of  April  eighteen  hundred  and  seventy-three." 

3.  The  treasurer  of  the  state  may  retransfer  to  the  said  bank  the  Treasurer  to  re- 
certificates  of  the  debt  of  the  state  and  the  bonds  of  internal  im-  cates  of  debt 
provement  companies  guaranteed  by  the  state,  now  held  by  him  in  '    "^ 
trust  foT  the  purposes  of  said  bank,  or  any  part  thereof,  upon  receiv- 
ing and  canceling  an  equal  amount  of  the  notes  of  said  bank  t-ounter- 

signed  by  him ;  and  if  the  notes  of  the  said  bank,  so  countersigned 
by  him,  have  been  so  far  returned  and  canceled  as  that  the  amount 
outstanding  shall  not  exceed  the  sum  of  five  thousand  dollars,  the 
said  treasurer  ma/  retransfer  the  residue  of  said  certificates  or  gua- 
ranteed bonds  to  said  bank,  upon  receiving  from  at  least  five  of  the  Bond  and  ^ecu- 
stockholders  thereof,  with  at  least  five  good  and  sufficient  securities, 
to  be  approved  by  him,  a  joint  and  several  bond,  payable  to  the  com- 
monwealth of  Virginia,  in  a  penalty  equal  to  at  least  three  times  the 
amount  of  such  outstanding  notes,  and  conditioned  to  pay  the  same 
on  demand,  at  the  place  of  business  of  said  bank,  or  of  either  of  the 
obligors  therein  :  which  bond  sha'll  be  recorded  in  the  manner  pre-  Bond  to  be  re- 
scribed  in  the  fourth  section  of  chapter  one  hundred  and  eighty-six 
of  the  Code  of  Virginia,  and  shall  have  the  force  of  a  judgment;  and  For  breach  of 
for  every  breach  of  the  conditions  thereof,  execution  may  be  issued,  execution  to  • 
upon  ten  days'  notice  of  the  application  therefor,  in  the  name  Of  the  '"'*"* 
commonwealth,  for  the  benefit  of  the  holder  of  any  such  outstanding 
unredeemed  notes,  for  the  amount  thereof  and  costs. 

4.  The  bank  shall  not  issue  and  pay  out  any  notes  for  circulation.  Denomination  of 
except  of  the  denomination  of  five  dollars,  ten  dollars,  or  some  mul- 
tiple of  ten. 

5.  Every  quarterly  statement  of  this  bank  shall,  in  addition  to  the  What  to  be  ex- 
information  which  the  Code  of  Virginia  requires'  to  be  made,  also  ex-  tcriy^statemen'tg 
hibit  the  aggregate  debt  due  by  the  bank,  the  outstanding  debts  due 

to  the  bank,  its  discount  of  inland  and  foreign  bills  of  exchange,  its 
loans  to  directors,  its  specie,  circulation  and  deposits  on  the  first  day 
of  each  month  of  the  quarter  it  embraces. 

6.  The  board  of  directors  shall  consi^  of  not  more  than  nin(?nor  Board  of  direo- 
less  than  seven,  as  the  stockholders  may  direct.  '  ^°^^ 

7.  Provided,  that  nothing  in  this  act  contained  shall  debar  the  Proviso 
Bank  of  Rockingham  of  the  privileges  contained  in  an  act  passed 
March  twenty-ninth,  eighteen  hundred  and  sixty-two,  enti'led  an  act 

to  provide  a  currency  of  notes  of  less  denomination  than  five  dollars. 

8.  This  act  shall  commence  and  be  in  force  from  and  after  the  Commencement < 


106 


BANKS. — COUNTIES. — TOWNS. 


time  when  the  iirovisions  have  been  approved  by  the  stockholders  in 
said  bank,  convened  in  general  meeting  at  any  time  before  the  first 
day  of  April  eighteen  hundred  and  sixty-four,  and  such  approval 
shall  have  been  made  and  certified  by  the  president  and  cashier  of 
said  bank  to  the  governor  of  the  commonwealth. 


Chap.  73. — An  ACT  to  legalize  the  Records,  Proceedings  and  Acts  of  the 
..     County  Court  of  Spotsylvania  County,  at  the. Terms  of  said  Court  held 
during  the  year  1862,  at  Places  in  the  said  County  other  than  the  Court- 
house thereof. 

>  Passed  February  18,  1863. 

PrcamWo  Whereas  it  has  been  represented  to  the  general  assembly  of  Vir- 

ginia, that  for  the  period  of  several  months  during  the  year  eighteen 
hundred  and  sixty-two,  the  public  enemy  held  military  occupation  of 
a  large  portion  of  Spotsj'lvania  county,  including  the  courthouse 
thereof;  and  that  by  reason  of  the  interruption  of  the  mail  between 
said  county  and  tlie  city  of  Richmond,  as  well  as  the  inexpediency  of 
publishing  any  notice  of  the  place  where  the  sessions  of  the  county 
court  of  said  county  might  be  held  during  such  military  occupation, 
it  was  deemed  proper  by  the  justices  of  said  county  not  to  apply  to 
the  governor  of  Virginia  to  designate  some  plnce  other  than  the  said 
courthouse,  where  the  sessions  of  said  court  should  be  held,  and  that 
said  justices  accordingly  proceeded  to  hold  several  terms  of  said 
court  at  places  in  said  county  other  than  said  courthouse : 

Records,  pro-  1.   Be  it  therefore  enacted  by  the  general  assembly,  that  all  the 

acts  of  colirt       records,  proceedings,  acts  and  things  made,  ordered  and  done  by  the 
othei  than'court  ^^^^  county  court,  at  the  terms  thereof  held  during  the  said  year 
house  legalized   eighteen  hundred  and  sixty-two,  at  places  other  than  the  said  court- 
house, which  might  have  been  legally  made,  ordered  and  done  at 
said  courthouse,  are  hereby  declared  and  made  legal  and  valid  to  the 
same  extent  as  if  ordered  and  done  at  the  said  courtliouse. 

Commencement      2.   This  act  shall  be  in  force  from  its  passage. 


Powers  of  couu 
cil  enlafged 


Chap.  74. — An  ACT  to  enlarge  the  Powers  of  the  Council  of  the  City  of . 
■^  Richmond. 

Passed  Februarj'  13,  1863. 

1.  Be  it  enacted  by  the  general  assembly  of  Virginia,  that  the 
council  of  the  city  of  Richmond  be  and  the  same  is  hereby  autho- 
rized to  suppress  riots  and  unlawful  assemblies  in  the  said  city;  to 
suppress  gaming  and  gambling  houses,  tippling  and  tippling  houses, 
and  to  prevent  or  regulate  the  sale  of  spirituous  and  fermented 


TOWNS.  107 

liquors  within  the  sairl  city,  aiid  around  the  same  to  the  boTindaries 
to  which  the  jurisdiction  of  its  corporation  courts  or  otHcers  of  police 
extends  in  criminal  cases.     And  for  the  purposes  of  executing  the  Council  may  en 

.-  .,  act  ordinances 

powers  and  authority  hereby  vested  m  said  council,  the  said  cmucil  and  impose  fines, 

may  enact  ordinances  and  impose  penalties  for  the  violation  thereof, 

not  exceeding  five  hundred  dollars,  and  imprisonment  not  exceeding 

three  months;  may  authorize  and  empower  the  proper  officers  and 

police  of  the  city  to  seize  such  liquors  sold  or  kept  for  sale,  for  the 

use  of  the  city,  and  to  shut  up  the  houses  in  which  such  liquors  are 

go  sold  or  kept  for  sale,  and  arrest  the  persons  who  shall  sell  or  keep  Persors  to  be 

-  ,  ,  ,,.         .TT  .         •,,•  c-1  T  arrested  for  vio- 

for  sale  or  purchase  the  said  liquors  m  violation  or  said  orilmances,  latinfr  ordi- 
and  hold  them  in  custody  until  they  shall  give  security  for  their  good  "'^"'^•-''* 
behavior  in  such  penalty,  not  exceeding  one  thousand  dollars,  as  the 
lustice  before  whom  thev  are  taken  shall  prescribe.     And  the  said  PowerK  of  offi- 

"  cers,  &c 

ofBcers  and  police  shall  have  the  same  powers  and  authority  in  dis- 
charging their  duties  under  said  ordinances,  as  state  ofBcers  have  in 
cases  of  breaches  of  the  peace. 

2.  The  said  council  may  organize  and  establish  an  armed  police,  Armpd  police  or 
and  appoint  such  officers  thereof  as  to  the  council  may  seem  expe- 
dient; and  the  said  officers  shall  be  accountable  to,  and  under  the 
supervision  and  control  of  the  council,  or  such' other  body  or  officer 

as  the  council  may  prescribe. 

3.  This  act  shall  be  in  foi'te  from  its  passage.  Comnencement 


Chap.  75. — An  ACT  to  enlarge  the  powers  of  the  Council  of  the  city  of  ^ 

'Lynchburg. 

Passed  March  9,  1863.       ^ 

1.    Be  it  enacted  by  the  general  assembl5',  that  the  council  of  the  Powers  of  coun- 

1-4-11  1  11  .11  I       ■       1  cil  enlarged 

City  01  Lynchburg  be  and  the  same  is  hereoy  authorized  to  suppress 
riots  and  unlawful  assemblies  in  the  said  city ;  to  suppress  gaming 
and  gambling  houses,  tippling  and  tippling  houses,  and  to  prevent  or 
regulate  the  sale  of  spirituous  and  fermented  liquors  within  the  said 
city,  and  around  the  same  to  the  boundaries  to  which  the  jurisdiction 
of  its  corporation  courts  or  officers  of  police  extends  in  criminal  cases. 
And  for  the  purposes  of  extending  the  powers  and  authority  hereby  Council  may  en- 

,     ,    .  .,  •!     .1  --I  •!  .    T  T  act  ordinances 

vested  in  said  council,  the  said  council  may  enact  ordinances  and  and  impose  fines, 
impose  penalties  for  the  violation  thereof  not  exceeding  five  hundred  "^^ 
dollars,  and  imprisonment  not  exceeding  three  months;  may  autho- 
rize and  empower  the  proper  officers  and  police  of  the  city  to  seize 
such  liquors  sold  or  kept  for  sale,  for  the  use  of  the  city,  and  to  shut 
up  the  houses  in  whicli  such  liquors  are  so  sold  or  kept  for  sale,  and  Persons  to  be 
arrest  the  persons  who  shall  sell  or  keep  for  sale  or  purchase  the  said  latlng  ord^  ^^° 
liquors  in  violation  of  said  ordinances,  and  hold  them  in  custody  "^"^^^^ 
until  they  shall  give  security  for  their  good  behavior  in  such  pena^. 


108  TOWNS. COLLEGES. 

not  exceeding  one  thousand  dollars,  as  Lhe  justice  before  whom  they 

Powers  of  offi-    are  taken  shall  prescribe.     And  the  said  officers  and  police  shall  have 

^^  '    '^  the  same  powers  and  authority  in  discharging  their  duties  under  said 

^  ordinances,  as  state  officers  have  iu-cases  of  breaches  of  the  peace. 

Armed  police  or-  2.  The  Said  council  may  organize  and  establish  an  armed  police, 
and  appoint  such  officers  thereof  as  to  the  council  may  seem  expe- 
dient; and  the  said  officers  shall  be  accountable  to,  and  under  the 
supervision  and  control  of  the  council,  or  such  other  body  or  officer 
as  the  council  may  prescribe. 

Commfincemeat      3.    This  act  shall  be  in  force  from  its  passage. 


Chap.  76. — An  ACT  to  incorporate  the  Southern  Female  College  of  the 

City  of  Petersburg. 

Passed  January  27,  1863. 

iiiBtitutioii  in.^         1.   Be  it  enacted  by  the  general  assembly,  that  Dr.  J.  H.  Clai- 
eorporated         y^^^,^^^  ^^,_  -^  y^   Harrison,  W.  T.  Joynes,  T.  L.  H.  Young,  Wesley 
Gregg,  J.  H.  Cooper,  George  B.  Jones,  P.  H.  Booth,  George  V. 
Scott,  W.  S.  Harrison,  Eev.  B.  R.  Duval,  Warner  Eubank,  Edwin 
Brown,  R.  H.  L3^ell  and  W.  T.  Davis,  and  .their  successors,  be  and 
tiiey  are  hereby  constituted  a  body  politic  and  corporate,  under  the 
name  and  style  of  The  Trustees  of  the  Southern  Female  College  of 
Petersburg,  Virginia ;  and  by  that  name  shall  have  perpetual  succes- 
sion and  a  common  seal,  and  may  sue  and  be  sued,  plead  and  be 
Trustees  to  hold  impleaded  in  any  court  of  law  or  equity.     The  said  trustees  of  the 
aiproper^y"^""'^   Southern  female  college  shall  be  capable  in  law  to  receive,  hold  and 
dispose  of  real  and, personal  property,  in  order  to  carry  out  the  pur- 
poses of  their  incorporation. 

How  managed  2.  The  Said  Southern  female  college  shall  be  under  the  control 
and  management  of  the  said  trustees  and  their  successors,  who  shall 
appoint  a  treasurer  and  all  necessary  officers  and  professors,  and 
make  such  rules  and  regulations  for  the  government  of  the  institu- 
tion as  to  them  may  seem  fit,  not  inconsistent  with  the  laws  of  Pe- 

Quorum  tersburg  or  of  this  state  or  of  the  Confederate  States.     Five  of  the 

trustees  shall  constitute  a  quorum  for  the  transaction  of  business ; 

How  vacjincy  and  any  vacancy  in  the  said  board  of  trustees,  occasioned  by  death, 
resignation  or  otherwise,  shall  be  supplied  by  appointment  by  the 
surviving  trustees  ;  and  they  may  remove  any  member  of  their  body, 
two-thirds  of  the  whole  number  being  present  and  concurring. 

Treasurer  to  re-      3.    The  treasurer  shall  receive  all  moneys  accruing  to  the  college 

ceive  moneys      ^^j  property  delivered  to  his  care,  and  shall  pny  or  deliver  the  same 

To  give  bond      to  the  order  of  the  board  of  trustees.     Bcfuro  entering  upon  the  dis- 

cl^rge  of  his  duties,  he  shall  give  bond  with  such  security  and  in 

such  penalty  as  the  board  may  direct,  made  payable  to  the  trustees 


COLLEGES.  109 

for  the  time  being,  and  their  successors,  and  conditioned  for  the  faith- 
fal  performance  of  the  duties  of  his  ofHce,  under  such  rules  and  regu- 
lations as  the  board  may  adopt ;  and  it  shall  be  lawful  for  the  said 
trustees  to  obtain  a  judgment-  for  the  amount  thereof,  or  for  any 
special  delinquency  incurred  by  said  treasurer,  on  motion  in  any 
court  of  record  in  this  ^mmonwealth  against  the  treasurer  and  his 
or  their  executors  or  administrators,  upon  giving  ten  days'  previous 
notice  of  the  mxOtion. 


4.  The  said  trustees  are  hereby  authorized  to  raise  by  joint  stock  Amount  ofjoiat 
subscription,  a  sum  not  less  than  twenty  thousand  dollars  nor  more  tion     ^  ^  "^ 
than  one  hundred  thousand  dollars,  to  be  divided  into  shares  of  twen- 
ty-five dollars  each ;  and  from  time  to  time  shall  declai'e  such  divi-  Dividends 
dends  on  the  same  as  the  net  profits  of  the  college  shall  justify,  and  Power  to  coUect 
shall  have  power  to  collect  the  subscription  to  said  stock  in  the  man-  ^"  ^*^"^  ^°^ 
ner  now  provided  by  law  for  collecting  subscriptions  to  joint  stock 
companies. 

5.  The  board  of  trustees, , in  connection  with  the  president  and  Power  to  confer 
professors  of  the  college,  shall  have  power  to  confer  such  diplomas, 

medals,  literary  titles  and  honors  as  they  may  think  best  calculated 
to  promote  the  cause  of  female  education. 

6.  This  act  shall  be  in  force  from  its  passage,  and  shall  be  subject  Coraroencsmeat 
to  amendment,  modification  or  repeal,  at  the  pleasure  of  the  general 
assembly. 


Chap.  77. — An  ACT  amending  and  re-enacting'  the  4th  section  of  an  act 
passed  22d  January  1862,  entitled  an  act  to  authorize  the  establishment  of 
a  Military  Scliool  as  ^  part  of  the  Instruction  of  Eandolph  Macon  Col- 

•   lege.  •  ■ 

Passed  March  11, 1863. 

1.  Be  it  enacted  by  the  general  assembly,  that  the  fourth  section  Act  amcnde^it 
of  an  act  passed  the  twenty-second  of  January  eighteen  hundred  and 
sixty-two,  entitled  an  act  to  authorize  the  establishment  of  a  militarj' 

school  as  part  of  the  instruction  of  Eandolph  Macon  College,  be  ' 
amended  and  re-enacted  so  as  to  read  as  follows  : 

"  §  4.   They  shall  appoint  such  professors  to  give  instructions  in  Asjead^ica^ 
military  science  as  they  may  deem  proper,  and  may  remove  them  for 
good  cause,  as  already  provided  for  in  their  charter.'' 

2.  This  act  shall  be  in  force  from  its  passage.  Commencemsn!! 


no 


SCHOOL.  HOUSES. ^PUBLIC    POUND. 


S;ilf  of  tli-itrict 
school  houses 
authorized 


CliAP.  78. — An  ACT  authorizing  the  Sale,  hy  the  Coiiuty  Court,  of  the  D!j<- 
trict  School  Houses,  and  the  Lots  of  Laml  thereto  attached,  in  tlie  County 
of  Henrj'. 

Passed  March  11,  1863. 

1.  Be  it  enacted  by  the  general  agsembl|^  that  the  county  court 
of  Henry  county,  the  justices  of  said  county  having  been  first  duly 
summoned  for  that  purpose,  and  a  majority  of  the  acting  justices 
being  present,  is  hereby  authorized  and  empowered  to  order  the  sale 
of  the  district  school  houses  in  said  county,  and  the  lots  of  land  there- 
"  'to  attached,  which  said  houses  were  built  under  the  act  of  assembly 
passed  the  twenty-fifth  of  February  eighteen  hundred  and  forty-six, 
authorizing  the  establishment  of  free  schools  in  said  county. 

Power  of  court       2.    Tue  said  court  shall  have  power  to  order  the  sale  of  all  or  a 
part  of  said  school  houses,  as  may  be  deemed  most  expedient ;  and 
►Proceeds  of  sale,  may  prescribe  the  terms  of  the  sale;  but  the  proceeds  thereof  shall 
ispose  o    ^^  uged  for  the  education  of  the  indigent  children  of  said  county. 

Court  to  appoint      3.   For  the  purpose  of  carrying  out  the  provisions  of  this  act,'  the 

comrnisgioDers  .  -,  ^  .    ^  .      .  j^^ir 

Bond  and  secu-    saiu  court  may  appoint  one  or  more  commissioners,  and  take  trom 
nty  to  be  given  i[^^^  g^  bond  wlth  approved  security,  payable  to  the  county,  in  such 

penalties  as  the  said  court  may  prescribe,  with  conditions  for  the 

faithful  performance  of  their  duties. 

Commencement       4.    This  act  shall  be  in  force  from  its  passage. 


Court  to  estab- 
lish public 
pound 


What  animals 
to  be  confined 


Keepers  to  be 
appointed 


How  expenses 
are  defrayed 

Fines  Imposed 


Proviso 


Chap.  79. — An  A.CT  authorizing  the  County  Court  of  Henrico  to  establish 
a  Public  Pound. 

Passed  March  4,  1863.      ■ 

1.  Be  it  enacted  by  the  general  assembly,  that  the  county  court  of 
Henrico  shall  be  and  is  hereby  authoriz^  to  establish  one  or  more 
public  pounds  within  the  liiuits  of  said  county,  at  least  one  of  which 
shall  b,e  within  one  mile  of  the  city  of  Richmond,  for  confining  such 
stock,  horses,  mules,  cattle,  hogs  and  sheep  as  may  stray  from  their 
owners  and  be  found  trespassing  upon  the  land  of  others. 

2.  Be  it  further  enacted,  that  it  shall  be  the  duty  of  the  county 
court  (if  they  shall  establish  such  pound)  to  appoint  keepers  or  over- 
seers of  the  same,  and  make  such  rules  and  regulations  for  the 
management  thereof  as  they  njay  deem  proper. 

3.  Be  it  further  enacted,  that  in  order  to  defray  the  expenses  of 
establishing  and  keeping  the  said  pound  (mentioned  in  the  first  sec- 
tion of  this  act),  it  shall  be  lawful  for  the  county  court  aforesaid  to 
impose  such  fine  upon  the  owners  of  such  stock  as  shall  be  confined 
in  the  same,  as  they  may  deem  necessary  for  that  purpose :  provided, 


BUILDING  ASSOCIATIOXS. — HARMONIC   ASSOCIATIOX.  Ill 

that  such  fines  shall  not  exceed  the  sum  of  two  dollars  per  head  for 
horses  and  mules,  and  fifty  cents  per  head  for  all  other  stock. 

4.    When,  after  due  notice,  not  less  than  five  days,  to  be  prescribed  stick  n,of  ci;r:r>j- 

,.     ,  ,  r.        T    •  •  1  a       1     n  etl  to  be  sold 

by  the  county  .court,  any  ot  the  stock. confined  in  said  pounds  shall 
not  be  reclaimed  by  their  owners,  the  keepers  or  overseers  of  said 
pounds  shall  sell  the  same  at  public  auction,  lat  one  of  the  market  wnere  to  be  sold 
houses  of  the  city  of  Eichmond,  after  two  days'  notice  stuck  up  at 
the  said  market  house,  and  after  defraying  all  the  actual  and  neces- 
sary expenses  incurred  in  connection  with  such  stock  (under  rules 
prescribed  by  the  c<3unty  court),  said  bill  of  expenses  to  be  assessed  How  bills  of  ex- 

,  ,        „     ,        ,-  •  ,       ,1  ii       penseg  assessed 

on  the  oath  of  the  keeper  or  overseer,  reserving  to  the  owner  the 

right  of  appeal  from  the  decision  of  said  keeper  or  overseer  to  the  "What  amount  to 

,     „  .111  i      .Li  c  j.r.  be  paid  to  o^Yn- 

county  court,  shall  pay  over  the  balance  to  the  owners  ot  the  same,  ers 
or  if  the  owners  do  not  api>ear  within  sixty  days,  into  the  county 
treasury :  provided,  that  said  balance  shall  bb  paid  to  the  owner.  Proviso 
who  may  appear  at  any  time  within  one  year  after  such  sale,  and 
demand  the  same. 

5\   This  act  shall  be  in  force  from  its  passage.  Commencement 


Chap.  SO. — An  ACT  allowing  the  Lynchburg,  Franklin,  Citizens  and  Wash- 
ington Building  Fund  Associations  to  purchase  their  Stock. 

Passed  Mareli  11,  1B63. 

1.  Be  it  enacted  by  the  general  assembly,  that  tlie  president  and  Power  to  ptir- 
directors  of  the  Lynchburg  building  fund  association  of  Lynchburg, 

the  Franklin  buildiug  fund  association  of  Lynchburg,  the  Citizens 
building  fund  association  of  Lynchburg,  and  the  Washington  buildr 
ing  fuud  association  of  Lynchburg,  are  hereby  authorized  to  purchase 
(at  their  discretion)  any  portion  of  the  stock  of  the  said  associations, 
.  when  deemed  by  thtm  to  be  to  the  interest  of  the  said  institutions  to 
do  so. 

2.  This  act  shall  be  in  force  from  its  passage.  Commencement 


Chap.  81. — An  ACT  to  incorporate  the  Richmond  Harmonic  Association. 
Passed  March  26,  1863. 

1.   Be  it  enacted  by  the  general  assembly  of  Virginia,  that  Charles  incorporated 
Seibert,  president,  H.  Wentzek  vice  president,  J.  C.  Fisher,  secre- 
tary, C.  Haase,  cashier,  J.  T.  Kohler,  treasurer-,  and  M.  Tresh,  libra- 
rian, and  their  associates,  shall  be  and  the  same  are  hereby  constitu- 
ted a  b()dy  politic  and  corpf)rate,  under  the  name  and  style  of  The  Na3aij; 
Richmoud  Harmonic  Association  ;  and  by  that  name  and  style,  shall 


112  HARMONIC   ASSOCIATIOlfo— PRIVILEGES. 

RightK,  powers,  be  subject  to  all  the  rules,  regulations  and  restrictions  imposed,  and 
invested  with  all  the  rights,  powers  and  privileges  conferred  by  chap- 
ters fifty-six   and  -fifty-seven  of  the  Code  of  Virginia  (edition  of 
eighteen  hundred  and  sixty),  and  all  other  laws  of  this  commonwealth 
^  a>pplicable  to  such  corporations. 

Prnpprty  to  be  2.  Tliat  the  said  coj-poration  may  hold  property,  real  and  personal, 
to  the  value  of  forty  thousand  dollars. 

Commencement  3.  This  act  shall  be  in iorcc  from  its  passage,  and  shall  be  subject 
to  'amendment,  modification  or  repeal,  at  the  pleasure  of  the  general 
'-assembly. 


Chap,  82.— An  ACT  allowing  Sarah  T.  Thornton  to  remove  certain  Slaves 
from' this  State  to  the  State  of  North  Carolina. 

Passed  January  27,  1863. 

Preamble  Whereas  it  has  been  represented  to  the  general  assembly,  that 

Sarah  T.  Thornton,  relict  of  Dr.  Richard  Thornton  of' the  county  of 
Halifax,  is  possessed  of  a  life  estate  in  certain  slaves  received  by  her 
as  dower  from  the  estate  of  her  said  husband,  and  that  said  Sarah  T. 
Thornton  wishes  to  remove  said  slaves  to  the  county  of  Granville, 
North  Carolina : 

County  court  to      1-   Be  it  euacted-by  the  general  assembly,  that  the  county  or  cir- 
S^Jyarof^ slaves  "cuit  court  of  the  county  of  Halifax  shall  have  power,  upon  the  peti- 
tion of  the  said  Sarah  T.  Thornton,  to  authorize  her  to-  remove  said 
slaves  to  the  said  county  of  Granville,  in  such  manner  and  upon  such 
Provlao  terms  as  ta  the  said  court  may  seem  proper :  provided,  that  before 

I  such  removal,  a  list  of  all  the  slaves  to  be  removed,  containing  a. de- 

scription thereof,  shall  be  filed  in  the  clerk's  ofiice  -of  the  court  autho- 
Bond  and  seen-  rizing  such  removal:  and  provided  further,  that  the  said  Sarah  T, 
nty  to  be  given  'jj^^^.Q^nn  shall  give  bond  and  surety  residing  in  Yirginia,  for  the  de- 
livery of  said  slaves  and  their  increase,  at  her  death,  to  the  persona 
To  report  to  entitled  to  the  same,  and  also  for  making  annually  a  report  of  the  in- 
eourt  annua  y    ^j.g^gg  ^-f  g^j^  slaves  to  the  court  granting  said  permission. 

%Court  may  re-         2.    Upon  the  application  of  any  party  interested,  alleging  the  in- 

to"be  gfvTa'^'"^^  solvency  or  insufiiciency  of  the  security  in  the  said  original  or  any 

subsequent  bond,  the  court  may,  from  time  to  time,  after  personal 

,  notice,  or  by  publication,  require  a  new  bond,  with  ample  security, 

Pe'nal'ty  for  fail-  with  condition  similar  to  that  herein  before  prescribed;  and  upon 

bond"  ^'^^         failure  to  give  such  bond  and  security,  the  forfeiture  hereby  intended 

to  be  saved  shall  be  restored  to  those  entitled  to  eaid  propertyi 

Cowrnencement      3.   This  act  shall  be  in  force  from  its  passage. 


PRIVILEGES.  »      113 


€hap.  83. — An  ACT  for  the  relief  of  James  M.  Laidley  and  Thomas  S.  A. 

Matthews. 

Passed  March  21,  186.3.  * 

1.  Be  it  enacted  by  the  general  assembly,  that  the  aiulitor  of  pub-  Auditor  autto. 
lie  accounts  be  and  he  is  her.eby  authorized  to  settle  the  judgment  settlement 
rendered  against  James  M.  Laidley  and  Thomas  S.  A.  Matthews, 
commissioners  of  forfeited  and  delinquent  lauds  for  the  county  of 
Kanawha,  by  the  circuit  court  of  Eichmond  city,  by  allowing  said 

Laidley  to  pay  the  principal  dnh  from  them,  after  allowing  proper 

credits,  with  interest  at  the  rate  of  six  per  centum  per  annum,  from 

the  time  the  same  was  due  and  payable,  after  allowing  reasonable 

time  for  money  in  transitu  from  the  county  of  Kanawha  to  the  city 

of  Richmond,  and  the  costs  of  said  judgment;   and  upon  such  pay-  Certain  damagps 

ment  by  said  Laidley,  the  damages  and  the  excess  of  interest  over 

the  six  per  centum  embraced  in  said  judgment,  shall  be  deemed  to 

be  released, 

2.  Be.it  further  enacted,  that  in  the  event  said  Laidley  shall  pay  lu  what  event 
fche  amount  with  which  said  commissioners  are  chargeable  on  the  refund- 
books  of  the  auditor  of  public  accounts,  and  he  shall,  at  any  time 

within  twelve  months  from  the  date  of  a  treaty  of  peace  between  the 
United  States  and  the  Confederate  States  of  America,  produce  to  the 
auditor  of  public  accounts  evidence  of  further  credits  and  allowances 
to  which  said  commissioners  are,  or  may  be  entitled,  then  and  in  that 
event,  said  auditor  shall  refund  to  said  Laidley  such  sum  as  he  may 
have  paid  ov«r  and  above  the  sum  justly  due  from  said  commissioners.  » 

3.  This  act  shall  be  in  force  from  its  passage.  Commeucenjent 


€kap.  84. — An  ACT  authorizing  the  Personal  Representative  of  John  M. 
Aldersou,  deceased,  to  deliver  certain  Militia  Fines  to  the  Sheriff  of  Green- 
brier County. 

Passed  March  0,  18C3. 

1.    Be  it  enacted  by  the  general  assembly,  that  it  shall  be  lawful  Mintia  fines  to 
for  the  personal  representative  of  John  M.  Alderson  deceased,  late  tiie  coiie^ct'o:  ° 
sheriff  of  Greenbrier  county,  to  deliver  to  the  sheriff  of  said  county 
any  militia  fines  uncollected  by  said  Alderson. 

3.   The  sheriff  shall  give  a  receipt  therefor,  to  account  to  the  com-  Sheriff  to  gwe 
monwealth  for  the  same,  within  the  time  fixed  by  lavv'  from  the  time  '""'^®'P' 
of  delivery  to  him,  and  to  have  the  same  effect  as  if  the  said  fines 
had  been  delivered  on  that  day  by  the  clerk  of  the  regiment.     Upon  Auditor  to 
receipt  of  the  sheriff  being  delivered  to  the  auditor  of  public  accounts,  witMhe^amOTnt 
he  shall  charge  the  sheriff  with  the  amount  appearing  due  thereby, 
and  give  credit  for  a  like  amount  to  the  account  of  the  said  Alderson, 

3.   This  act  shall  be  in  force  from  its  passage.  Commencemeat 

8 


mm 


PRIVILEGES. 


Chap,  8o.— An  ACT  for  'the  relief  of  the  Securities  of  William  Paris, ^t» 
Sheriff  of  Appomattox  County. 

Passed  January  31,  1863. 

Ap|)ropriaUon  1.  Be  it  enacted  by  the  general  assembly,  tbat  the  auditor  of 
public  accounts  be  and  he  is  hereby  authorized  and  required  to  issue 
his  warrant  oa  the  treasury,  payable  out.of  any  money  not  otherwise 
appropriated,  in  favor  of  John  Johns,  D.  O.  Bass,  Silas  P.  Vawter, 
E.  Legrand,  W.  W.  Hamner,  George  S.  Penn,  Samuel  J.  Walker, 
Thomas  R.  Peers  and  N.  Pamplin,  securities  of  William  Paris,  late 

ATOonnt  sheriiF  of  Appomattox  county,  or  their  legal  representatives,  for  the 

damages  (less  the  costs  of  collection)  on  judgments  in  favor  of  the 
commonwealth  against  them  as  such  securities,  rendered  by  the  cir- 
cuit court  of  the  city  of  Kichmond  on  the  thirteenth  day  of  Novera- 

)f»rovte&  ber  eighteen  hundred-and  fifty-eight:  provided,  that  this  act  shafll 

not  be  construed  as  releasing  the  said  William  Paris,  late  sheriiF  of 
Appomattos  county,  from  the  payment  of  any  damages  adjudged 
against  him. 

ComEasace^l^eaf,      2.   This  act  shali  be  ia  force  from  its  passage.      • 


Chap.  86. — An  ACT  amending  an  act  entitled  an  act  for  the  relief  of  t!i& 
Siicurities  of  William  Paria,  late  Sheriff  of  Appomattox  County,  passed 
January  31st,  1863. 

Passed  February  20,  1853. 

jtiaifef  to  Eor5)ti«B  1.  Be  it  enacted  hy  the  general  assemblj',  that  an  act  entitled  an 
act  for  the  relief  of  the  securities  of  William  Paris,  late  sheriff  of 
Appomattox  county,  passed  thirty-first  of  January  eighteen  hundred 
and  sixty-three,  be  amended  and  re-enacted  go  as  to  read  as  follows: 


Damages  ro- 
faaded 


"That  the  auditor  of  public  accounts  be  and  he  is  hereby  autho- 
rized and  required  to  issue  his  warrant  on  the  treasury,  payable  out 
of  any  money  therein  not  otherwise  appropriated,  in  favor  of  the  se- 
curities of  said  William  Paris,  late  sheriff  of  Appomattox,  or  their 
legal  representatives,  for  the  damages  (less  tlie  costs  of  collection) 
on  judgments  in  favor  of  the  commonwealth  against  them  as  such 
securities,  rendered  by  the  circuit  court  of  the  city  of  Richmond, 
and  the  payment  in  pursuance  thereof.  But  this  act  shall  not  be 
construed  as  releasing  the  said  William  Paris  from  the  effect  of  said 
judgment  and  its  payment,  and  any  damages  which  may  have  been 
rendered  against  him  by  the  judgments  aforesaid :  nor  shall  the 
money  so  paid  by  said  securities  and  refunded  by  this  act,  be  treated 
or  held  to  be  a  payment  on  said  judgment  as  to  the  said  William 
Paris." 

cioj»«xenceraeBt      2.  This  act  shall  be  in  force  from  its  paasageo 


Bow  thiB  act 
BhaU  be  eoc- 
etiTiod 


How  money  re- 
jf  unded  to  bp 
-  treated 


PRIVILEGES.  Hi 


€hap.  87.— An  ACT  authnriziiif^  tlie  GovPTnor  to  deliver  to  B.  B.  and  J.  W. 
Cooley  an  Infant  Child  of  a  Slave  named  Harriet. 

Passed  March  16, 1863. 

1.  Be  it  enactod  by  the  general  txpserably,  that  the  governor  of  ciovemor «« & 
this  commonwealth  be  and  he  is  hereby  authorized  and  directed  to  andj.w.Cooie^ 
deliver  to  B.  B.  and  J.  W.  Cooley,  or  their  legal  representatives,  an  n^J^f  ^^"^ 
infant  child  of  the  slave  Harriet,  who  was  condemned  to  be  hung  by 

the  county  court  of  the  county  of  Frederick,  and  who  died  in  the  jail 
at  Richmond  before  the  sentence  was  carried  into  execution. 

2.  This  act  shall  be  in  force  from  its  passage.  Comroeticejn«»t 


Chap.  88. — An  ACT  authorizing  the  payment  of  a  sum  of  money  to  B.  B. 
and  J.  W.  Cooley  for  a  Slave  condemned  to  be  hung. 

Passed  February  17,  1S63. 

1.  Be  it  enacted  by  the  general  assembly,  that  the  auditor  of  Amoant  appro 
public  accounts  be  and  he  is  hereby  authorized  and  required  to  issue  ^"'^ 

his  warrant  on  the  treasury,  payable  out  of  any  money  therein  not 
otherwise  appropriated,  in  favor  of  B.  B.  and  J.  W.  Cooley,  or  their 
legal  representatives,  for  the  sum  of  four  hundred  dollars,  that  being 
the  appraised  value  of  a  slave  belonging  to  thera,  named  Harriet, 
who  was  convicted  of  murder  in  the  first  degree,  at  the  May  term  in 
the  year  eighteen  hundred  an<d  sixtj'-one,  of  the  Frederick  county 
■court,  and  who  died  in  Jail  before  the  sentence  was  carried  into 
execution. 

2.  This  act  shall  be  in  force  from  its  passage,  ConHnaaoenwaft 


Chap.  89. — An  ACT  reftiuding  a  siim  of  money  to  Gordon  and  Brother, 
paid  by  them  as  ji  Merchiuit's  License  in  the  County  of  Fluvanna. 

Passed  March  19,  18^3. 

1.  Be  it  enacted   by  the  general   assembly,  that  the  auditor  of  Amnnnt  apps* 
public  accounts  be  directed  to  issue  his  warrant  on  the  treasury,  pay- 
able out  of  any  money  therein  not  otherwise  appropriated,  in  favor 

of  Gordon  and  Brother,  or  to  their  personal  representatives,  for  the 
gum  of  eighty-six  dollars  and  forty  cents,  being  the  amount  paid  for 
^  license  as  merchants  in  the  county  of  Fluvanna, 

2.  This  act  shall  be  in  force  ifrom  its  passage,  o^nuaeacesaeaj 


116 


PRIVILEGES. 


Preamble 


Chap.  90. — An  ACT  for  the  relief  of  Thomas  Littleton,  Jailor  of  Loudoun 

County. 

Passed  February  12, 1863. 

Whereas  no  court  can  be  held  for  the  county  of  Xioudoun,  by  rea- 
son of  the  frequent  inroads  of  the  public  enemy,  and  the  usual  certi- 
ficate of  such  court  cannot  be  obtained  by  Thomas  Littleton,  jailor 
of  said  county,  to  authorize  payment  of  his  account  against  this  com- 
monwealth for  the  keeping  of  prisoners,  and  for  other  matters : 
Therefore, 

1.  Be  it  enacted  by  the  general  assembly  of  Virginia,  that  the 
auditor  of  public  accounts  be  and  he  is  hereby  authorized  to  pay  the 
account  of  said  Thomas  Littleton,  jailor  as  aforesaidi  upon  such 
proof  of  the  same  as  may  be  satisfactory  to  him. 

Commencement      2.    This  act  shall  be  in  force  from  its  passage. 


Auditor  to  pay 
account 


Chap.  91. — An  ACT  for  the  relief  of  George  W.  Chambers. 
■•  Passed  March  16,  1863. 

Preamble  Wbereas  the  United  States  government  was  indebted  to  George 

W.  Chambers  in  the  sum  of  eight  hundred  and  forty-nine  dollars  and 
forty  cents,  for  twenty-two  thousand  six  hundred  and  fifty  pounds  of 
castings  made  by  him  for  said  government,   at  the  Harpers  Ferry 
,  armory  in  Virginia,  which  said  castings  were  taken  possession  of  by 

the  state  of  Virginia :  and  v/hereas  the  auditing  board  has  recom- 
mended the  payment  of  said  claims  by  the  legislaturcjon  the  ground 
that  the  state  had  seized  the  products  of  the  labor  of  said  Gleorge  W. 
Chambers,  for  which  he  has  received  no  compensation  :    Wherefore, 

1.   Be  it  enacted  by  the  general  assembly,  that  the  auditor  of  pub- 
lic accounts  be  and  he  is  hereby  directed  to  issue  his  warrant  on  the 
•  treasury  in  favor  of  George  W.  Chambers,  for  the  sum  of  eight  hun- 

dred and  forty-nine  dollars  and  forty  cents,  in  payment  of  the  account 
of  said  Chambers,  for  twenty-two  thousand  six  hundred  and  fifty 
pounds  of  castings,  as  recommended  by  the  auditing  board. 

Corameneement      2.   This  act  shall  be  in  force  from  its  passage. 


Amount  appro 
priated 


Chap.  92. — An  ACT  for  the  relief  of  the  Clerk  of  the  ITustings  Court  of 
the  City  of  Richmond. 

Passed  January  28,  1863. 

Allowance  to         1.   Be  it  enacted  by  the  general  assefnbly,  that  the  judge  of  the 
l»La '°  *  ""^    hustings  court  of  the  city  of  Richmond  may  make  such  allowance  as 


PRIVILEGES.  117 

he  may  deem  proper  to  tlie  clerk  of  the  said  court  for  his  services 
rendered  in  felony  cases,  not  to  exceed  ten  dollars  for  each  felony 
case  which  may  be  disposed  of.  in  said  court ;    to  be  paid  by  the  How  paid 
council  of  the  said  city. 

2.   This  act  shall  be  in  force  from  its  passage.  Commencement 


Chap.  93. — An  ACT  for  the  relief  of  the  Sergeant  of  the  City  of  Richmond 
and  the  Sergeant  of  the  City  of  Petersburg. 

Passed  January  29,  1S63. 

].  Be  it  enacted  by  the  general  assembly,  that  there  be  allowed  Relief  granted 
and  paid  to  Thomas  U.  Dudley,  sergeant  of  the  city  of  Richmond, 
and  John  H.  Patterson,  sergeant  of  the  city  of  Petersburg,  out  of 
any  moneys  in  the  treasury  not  otherwise  appropriated  by  law,  the  Amount  appro- 
sum  of  twenty-five  cents  per  day,  in  addition  to  the  allowance  here- 
tofore authorized  by  law,  for  each  person  confined  in  the  jails  of  the 
said  cities,  from  the  nineteenth  day  of  May  eighteen  hundred  and 
sixty- two,  to  the  twenty-third  day  of  September  eighteen  hundred 
and  sixtj'-two,  other  than  prisoners  charged  with  or  convicted  of 
violation  of  any  ordinance  of  the  said  cities  :  provided,  however,  that  Proviso 
the  number  of  such  prisoners,  and  the  date  and  the  length  of  their 
confinement  in  said  jails,  shall  be  certified,  sworn  to  and  passed  by 
the  auditor  of  public  accounts,  in  the  manner  prescribed  by  law  for 
the  allowance  and  payment  of  the  accounts  of  sheriffs  and  sergeants 
for  the  maintenance,  care  and  support  of  prisoners  confined  in  the 
jails  of  this  commonwealth.  . 

•  2.   This  act  shall  be  in  force  from  its  passage.  Commencemeut 


Chap.  94. — An  ACT  to  amend  the  2d  section  of  an  act  concerning  the 
Estate  of  John  Haskins,  senior,  a  "Lunatic,  passed  January  24,  1833. 

Passed  February  13,  1863. 

1.   Be  it  enacted  by  the  general  assembly,  that  section  second  of  Act  of  i839 
an  act  concerning  the  estate  of  John  Haskins,   senior,  a  lunatic, 
passed  January  twenty-fourth,  eighteen  hundred  and  thirty-nine,  be 
amended  and  re-enacted  so  as  to  read  as  follows : 

"  §  2.   That  if  the  county  court  of  the  county  of  Brunswick  should  Committee  or 
think  it  advisable,  or  to  the  interest  of  the  parties  interested,  they  seii  stock 
shall  have  power  and  authority,  upon  the  application  of  the  said 
committee,  or  his  successor,  in  the  event  of  his  death,  or  his  powers 
being  revoked,  to  authorize  the  said  committer,  or  his  successor,  to 
sell  the  whole,  or  any  part  of  said  stock  or -stocks,  acquired  by  the 


118 


PRIVILEGESo 


proceeds  of  the  sale  of  the  estate  of  the  said  lunatic,  under  the  pra- 
visions  of  the  before  recited  ^.ct,  and  any  i-tocks  acquired  under  the 
To  make  invest- provisions  of  this  act,  and  to  invest  in  like  manner  the  proceeds 
arising  therefrom,  together  with  the  annual  surplus  wliich  may  have 
accrued,  or  which  shall  hereafter  accrue  from  the  said  estate,  either 
from  interest  or  otherwise,  over  and  ahove  the  comfortable  support 
and  maintenance  of  the  said  lunatic,  in  stock  of  tliis  commonwealth, 
or  in  any  other  stock  authorized  by  the  laws  of  this  state,  or  in  bonds 
•  or  eertificaies  of  debt  of  the  Confederate  States,  or  in  bonds  of  in- 
corporated cities  and  towns;  and  the  said  county  court,  as  well  a» 
the  said  committee,  or  his  successor,  as  the  case  may  be,  shall  be 
guided  and  governed  by  the  provisions  of  the  before  recited  acts,  in 
all  thfir  proceedings  except  so  far  as  the  same  may  be  herein  altered 
or  repealed." 

Cfenimenwmtnt      2.   This  act  shall  be  in  force  from  its  passage. 


Chap.  95. — An  ACT  refiuidiflg  to  William  M.  Hume,  Sheriff  of  FauquieF 
County,  Uamages  paid  by  him  as  such. 

Passed  March  9,  1863. 

.i4>propriation  1.  Be  it  enacted  by  the  general  assembly,  that  the  auditor  of  pub- 
lic accounts  is  hereby  authorized  and  directed  to  issue  his  warrant  on 
the  treasury  of  the  commonwealth,  to  be  paid  out  of  iany  money  ia 
the  treasury  not  otherv^•i^e  apj)  opriated,  in  favor  of  William  M. 

Amocnt  Hume,  for  the  sum  of  five  hundred  and  thirty-two  dollars  and  sixty- 

four  cents  (less  the  costs  of  collecting  the  same),  being  the  amounfc 
of  damages,  at  fifteen  per  centum,  for  default  of  the  paj^nent  of  li- 
cense taxes  for  the  county  of  Fauqiner.  due  the  thirtieth  day  of  May 
eighteen  hundred  and  sixty-O'ie  recovered  against  the  said  Hume, 
by  judgment  rendt^red  in  the  clerk's  oflice  of  the  circuit  court  of  the 
city  of  Richmond,  on  the  thirtieth  day  of  July  eighteen  hundred  wnd 
sixty-one ;  whicli  damages,  together  with  the  amount  of  said  licenses, 
with  lawful  interest  thert-on  and  o<jsts,  the  said  Huoie  has  heretofore 
fully  paid  to  the  commonwealth ;  it  appearing  to  the  general  assem- 
bly, that  prior  to  the  twenty-fifth  day  of  May  preceding  the  day 
^  when  said  license  taxes  became  pnyable  as  aforesaid,  the  said  Hume 

had  deposited  in  the  Farmers  Bank  of  Virginia  at  Alexandria,  money 
sufiieient  to  pay  the  said  license  taxes,  which,  by  reason  of  the  pub- 
lic enemy  taking  possession  of  said  town  on  the  morning  of  the 
twenty-fifth  of  May  aforesaid,  he  has  been  unable  to  the  present  time 
to  realize. 

Oojnmencement      2.   This  act  shall  be  in  force  from  its  passage. 


PRIVILEGES^  .  119 


Chap.  96. — An  ACT  refnnciing  to  Samuel  E.  Lybrook,  SLeriff  of  the  County 
of  Giles,  a  certain  sum  of  money. 

•  Passed  Mareh  19, 1863.  " 

l.'Be  it  enacted  by  the  genera!  assembly,  that  the  auditor  of  Apprcpriatioa 
public  accounts  be  and  he  is  hereby  authorized  and  required  to  issue 
his  warrant  on  the  treasury,  payable  out  of  any  money  therein  not 
otherwise  appropriated,  in  favor  of  Samuel  E.  Lybrook,  sheriff  of 
Giles  county,  or  liis  legal  representative,  for  the  sum  of  one  hundred  Amonr.t 
and  ten  dollars,  that  being  the  amount  for  taxes  on  ordinary  licenses 
granted  respectively  to  Warren  A.  Gay  and  to  Stewart  Rowan,  for 
the  year  ending  May  eighteen  hundred  and  sixty,  each  of  said  licenses 
-amounting  to  fifty-five  dollars ;  which  said  licenses  were  returned 
twice  for  the  said  year,  and  which  erroneone  assessment  was  ordered 
to  be  corrected  by  the  county  court  of  the  county  of  Giles  on  Aprii 
fourteenth,  eighteen  hundred  and  sixty-two. 

2.   This  act  shall  be  in  force  from  its  passagCo  Commenc^mea* 


Chap.  97.— An  ACT  to  pay  E.  W.  Canfield  and  C.  D.  Bragg  for  services  as 
Instructors  of  Artillery. 

Passed  March  17,  1863. 

1.  Be  it  enacted  by  the  general  assembly,  that  the  auditing  board  Payment  to  to 
be  and  they  are  hereby  directed  to  allow  and  cause  to  be  paid  to  E. 

W.  Can:6eld,  for  three  months  and  nine  days'  service  as  instructor 
and  commander  of  artillery,  under  Brigadier  General  Carson,  accord- 
ring  to  the  pay  per  month  of  a  first  lieutenant  of  artillery  in  the  con- 
federate service  ;  and  to  C.  D.  Bragg,  for  one  month  and  seven  days' 
'service,  at  the  saHae  rate. 

2.  This  act  shall  be  in  force  from  its  passage.  €ojniB«iioemen4 


Chap.  98. — An  ACT  establishing  an  Election  Precinct  at  Mill  Swamp  Meet- 
ing House?  in  the  County  of  Isle  of  Wight, 

Passed  March  9,  1663. 

1.  Be  it  enacted  by  the  general  assembly,  that  at  any  general  or  Eiectsona  for  «* 
special  election  for  members  of  the  general  assembly,  governor,  lieu-   ®     '"•    ° 
tenant  governor,  attorney  general,  judges,  commissioners  of  public 

works,  f(»r  representatives  in  congress^  and  for  electors  of  president 
and  vice  president  of  the  Confederate  States,  polls  shall  be  opened  where  &o  iw 
at  Mill  Swamp  meeting  house,  in  addition  to  the  other  places  for 
■voting  now  prescribed  by  law  in  the  county  of  Isle  of  Wight. 

2.  This  act  shall  be  in  force  from  its  passage^  Commeacemem 


RESOLUTIONS. 


No.  L — Eesolution  authoriziug  and  directing  the  Governor  to  transfer  the 
Prisoners,  captured  by  the  State  Line,  to  the  Confederate  Government,  ex- 
cept those  held  as  Hostages  for  Colonel  Zarvoua  and  nthers. 

Adopted  March  28,  18C3. 

Eesolved  by  the  general  assembly,  that  the  orovernor  be  authorized  Tran>fer  of  pii- 

■  soners 

and  directed  to  transfer  to  the  confederate  government  all  the  priso- 
ners held  by  the  state,  mentioned  in  his  communication  of  the 
day  of  ,(to  be  exchanged  for  Confederate  States  prisoners  held 

by  the  United  States  government),  except  the  prisoners  who  are  de- 
tained as  hostages  for  the  release  of  Colonel  Zarvona,  Captain  Duskey 
and  Lieutenant  Varuer ;  and  that  he  be  authorized  and  requested  to 
deliver  up  the  said  hostages  for  a. similar  purpose,  as  soon  as  he  shall 
obtain  the  assurance  of  the  confederate  authorities  that  said  hostages 
will  be  retained  in  their  present  confinement  until  arrangements  are 
agreed  on  for  the  exchange  of  the  prisoners  for  whose  safety  they  are 
80  held. 


No.  2. — Eesolutions  expressing  the  high  appreciation  of  the  General  Assem- 
bly of  the  patriotic  fortitude  and  devotion  displayed  by  the  Women  of 
Virginia,  fi-om  the  commencement  of  the  present  war.  f 

'-  Adopted  March  26,  1863. 

1.  Eesolved  by  the  senate  and  house  of  delegates,  that  the  grate-  Patriotism  ap- 
ful  acknowledgments  of  the  general  assembly  are  due  and  are  hereby 
cordially  tendered  to  the  women  of  Virginia,  for  their  disinterested, 
generous  and  heroic  devotion  to  the  cause  of  their  country  during 

the  pending  war. 

2.  Resolved,  that  the  civilized  world  cannot  fail  to  regard  with  the  Regarded  with 
highest  admiration  the  sublime  spectacle  exhibited  by  the  women  of  tion 

a  whole  community,  elevated,  refined,  softened,  purified  by  a  high 
christian  civilization,  devoting  all  their  energies  to  the  public  service, 
and  beautifully  blending  a  holy  zeal  for  their  country  with  humble 
piety  to  God. 

3.  Eesolved,  that  this  inadequate  tribute  to  their  virtues  be  entered  Resolutions  to 
on  the  journals  of  both  houses,  as  a  lasting  memorial  of  their  exalted  journals 
worth,  that  history  may  present  to  posterity  so  shining  an  example, 

and  that  our  children's  children,  to  the  latest  generation,  may  be  in- 
cited thereby  to  deeds  of  heroism  and  public  virtue. 


122  RESOLUTIONS. 


No.  3. — Pipamble  abd  Resolutions  in  relation  to  the  Disorderly  Practices  at 
the  Virrrinia  Military  Institiiti;  in  connection  with  the  Case  of  Cadet  Wil- 
liam A.  Daniel. 

Adopted  March  18, 1863. 

Whereas  \t  appears,  upon  satisfactoiy  evidence  adduced  before  the 
general  assembly,  that  Cadet  VV«illiam  A.  Daniel,  then  a  junior  cadet 
of  the  Virginia  military  in.-titnte,  was  on  the  eleventh  day  of  Novem- 
ber eighteen  hundred  and  si.\ty-t\vo,  subjected  to  an  unprovoked  and 
cruel  infliction  of  personal  violence  by  cadets  of  the  in-titate,  and 
that  no  adequate  protection  was  afforded  him  by  the  officers  of  the 
institution  against  a  repetition  of  such  violence ;  by  which  means 
said  ("adct  Daniel  has  b^en  driven  from  the  institute,  and  practically 
denied  the  benefits  of  its  instru -tion :  and  whereas  it  appears  also 
that  the  practice  of  such  wanton  violations  (tf  good  order  and  hu- 
manity hias  been  of  long  continuance  and  without  proper  restraint, 
at  said  institute :  Therefore, 

Unqaaiified  con-  1.  Resolved,  that  this  general  assembly  hereby  expresses  its  un- 
qualified condemnation  of  such  practice,  as  violative  of  good  discip- 
line, unjust  to  the  peaceable  and  orderly  cadets,  injurious  to  the 
eflScient  adininit;tration  of  the  institute,  and  unworthy  the  chivalrous 
character  of  our  southern  youth. 

Knstraction  to  2.  That  the  officers  of  said  institution  be  and  are  hereby  instructed 
to  adopt  such  regulations  and  discipline  in  reference  to  said  practice 
of  wanton  punishment  of  junior  cadets,  as  will  eff'ectuall}'  discontinue 

iMsapprobation  and  repress  it ;  and  that  it  is  the  opinion  of  the  general  assemlily, 
upon  the  facts  before  them,  that  the  efforts  of  the  officers  of  said 
institute  to  suppress  the  vicious  practice  complaine,d  of,  have  not 
been  such  as  meet  with  the"  approbation  of  this  general  assembly. 

aieqairomeat  3.    That  the  officers  of  said  institution  be  and  they  are  hereby  re- 

quired, if  Cadet-William  A.  Daniel  shall  so  desire,  to  reinstate  him 
as  a  cadet  of  said  institute,  without  prejudice  to  his  position  therein 

ihjty  of  officers  on  account  of  his  withdrawal  therefrom  in  November  last.  And  if 
the  facts  stated  by  him,  in  his  letter  to  Mr.  Robert  Dabney,  be  sub- 
stantially established,  it  is  the  further  duty  of  said  officers  to  dro.p 
from  the  rolls  the  name  of  every  cadet  who  participated  in  the 
outrage. 


No.  4. — Resolution  to  authorize  the  Governor  to  suspend  the  law  of  the  3rd 
October  ISiii,  to  further  pruvide  for  tlie  Public  Defence,  so  far  as  it  applies 
to  tlio.se  Counties  who.^e  loss  of  Slaves  has  been  so  great  as  to  interfere 
with  the  Agfricultural  Products  of  said  Counties- 

Adopted  January  27,  1863. 

Action  of  taw  of      Kesolved  by  the  general  assembly,  that  the  governor  be  and  he  is 
sttspeioded  "       hereby  authorized  to  su.-pend  the  action  of  the  law  passed  October 


RESOLUTIONS.  ISS 

third,  eighteen  hundred  and  sixty- two,  to  provide  for  the  public  de- 
fence, 80  far  as  it  applies  to-those  countle'S  whose  loss  of  slaves  by  the 
presence  of  the  public  enemy  has  been  so  great  as  to  interfere  with 
the  agricultnral  products  of  such  counties. 


No.  5. — Resolution  requesting:  the  Govempr  to  make  application  to  the  Se- 
cretary of  War  of  tlie  Conlederate  ISta^  for  Passports  for  Members  of  the 
General  Assembly,  &c. 

Adopted  January  12,  1863. 

1.  Resolved  by  the  general  as^emlily,  that  the  governor  be  and  he  PaasportB  for 

.     ,         ,  ,•-.:.  T  1  ,  i-  members.of  tbo 

18  hereby  authorized  and  requested  to  apply  to  the  secretary  or  war  genera]  a&»em- 

of  the  Confederate  States  for  passports  to  be  issued  to  the  membera    ^ 

of  the  general  assembly  of  this  state,  giving  them  the  privilege  of 

passing  at  will  on  any  of  the  rail  roads  in  tlie  stale,  to  and  from  the 

capital,  or  other  place  of  holding  their  sessions,  during  the  term  for 

which  they  were  elected,  so  that  they  may  be  saved  the  trouble  of 

renewing  their  passports  from  time  to  time,  under  any  general  scheme 

of  passports   which  may  be  put  into  operation  applicable   to  otiier 

persons;  and  tiiat  the  governor  make  a  like  application  for  similar  Passports  for 

•  state  officers 

passports  tor  all  the  state  officers  who  have  occasion  to  pass  to  or 
from  the  capital. 

2.  Resolved,  that  the  foregoing  resolution  be  certified,  forthwith,  To  be  certifiws 

to  governor 

after  it  is  adopted,  to  Governor  Letcher. 


No.  6. — Resolution  in  relation  to  Duration  of  the  present  Session  of  the 
General  Assembly. 

Adopted  February  20,  1863. 

Resolved,  that  the  present  session  of  the  general  assembly  com-  Commencement 
menced  on  the  fifteenth  day  of  September  last,  undet  the  proclama- 
tion of  the  gov-ernor  bearing  date  on  the  nineteenth  day  of  August 
eighteen  hundred  and  sixty-two,  and  is  not  a  continuation  of  the  sea- 
eioii  which  was  commenced  on  thf  first  d;iy  of  April  last,  under  the 
proclamation  of  the  governor  of  that  date,  and  continued  in  May 
folio  wi  riff. 


No.  7. — Preamble  and  Resolutions  of  Instruction  to  the  Senators  from  Vir- 
ginia, iu  rc.latiuu  to  the  subject  of  Impressment. 

Adapted  March  14,  1863.  • 

Whereas  it  is  of  the  utmost  importance  that  a  general  impress-  Preamble 
inent  law  should  be  passed,  so  that  the  burdens  of  this  war  should  be 


124  RESOLUTIONS. 

to  some  extent  equalized  between  tlie  citizens  of  the  states  of  the 
Confederate  States :  and  whereas  every  day's  delay  in  passing  an  im- 
pressment law  is  acting  most  injuriousiy  and  unjustly  upon  many 
citizens  of  this  state,  from  the  fact  that  their  property  is  being  seized, 
and  the  price  paid  for  the  same  is  far  below  the  market  value :  an.d 
whereas  the  house  of  representatives  of  the  congress  of  the  Confede- 
rate States  did,  on  the  day  of  eighteen  hundred  and 
sixty-three,  pass  a  bill  entitled  an  act  to  authorize  and  regulate  im- 
pressment of  private  propertj^for  the  use  of  the  army  and  other 
military  purposes,  which  has  been  communicated  to  the  senate  of 
the  Confederate  States,  but  has  not  yet  been  finally  acted  upon  by 
that  body  :  and  whereas  the  general  assembly  approve  the  principles 
and  leading  provisions  of  the  said  bill  as  it  passed  the  house : 
Therefore, 

instrnction  to  1.  Eesolved  by  the  general  assembly,  that  our  senator.-^  are  hereby 
instructed  to  urge  the  passage  of  the  said  bill,  or  such  bill  as  shall  as 
effectually  as  possible,  secure  to  the  owner  of  property  a  just  com- 
pensation, to  be  determined  by  an  impartial  board  of  assessors  to  be 
selected  equally  by  both  parties,  so  that  it  may  become  a  law  with  as 
little  delay  as  possible. 

To  be  fumisiaed      2.   Resolved,  that  a  copy  of  the  foregoing  preamble  and  resolution 

to  senators  i^r'-ij^ur 

be  lumished  to  each  oi  our  senators. 


No.  8. — Resolutions  giving  authoiity  to  Justices  of  the  Peace,  in  a  certain ' 
contingency,  to  appoint  Commissioners  of  Elections. 

Adopted  March  30,  1863. 

jubtice  of  peace  Rosolved  by  the  general  assiembly,  that  in  such  of  the  counties  of 
commissioners  tWs  Commonwealth  as  are  in  the  occupation  of  the  public  enemy,  so 
of  elections  ^|^^^  ^^^^  sessious  of  the  county  courts  cannot  be  held  therein^  and 
commissioners  of  elections  cannot  be  appointed,  it  shall  be  lawful, 
should  such  counties  be  temporarily  or  otherwise  restored  to  our  con- 
trol, on  the  day  of  the  next  ensuing  elections,  and  the  county  court 
shall  not  have  time  to  act,  for  any  justice  of  the  peace  to  appoint 
commissioners  of  elections,  and  cause  such  elections  to  be  held  in 
pursuance  of  the  laws  now  in  force. 


No.  9. — Joint  Resolutions  authorizing  the  Governor  to  demand  of  the  Presi- 
dent of  the  Confederate  States  to  deliver  C.  J.  A.  Collins,  who  is  confined, 
in  prison,  in  North  Carolina,  to  a  Justice  of  the  Peace  iu  Prinze  George 
County,  Virginia,  to  be  tried. 

Adopted  March  5,  1863. 

Preamble  Whereas,  it  is  represented  and  believed,  that  C.  J.  A.  Collins,  a 

citizen  of  Prince  George  county,  in  the  state  of  Virginia,  and  being 


RESOLUTIONS.  125 

a  civilian  in  no  way  attached  to  the  military  service,  was  arrested  by 
military  orders,  and  was  delivered  to  the  provost  marshal  in  the  city 
of  Petersburg,  on  the  eighth  of  July  eighteen  hundred  and  sixty-two, 
who  committed  him  to  jail  in  said  city,  where  he  was  confined  until 
the  eighteenth  of  November  eighteen  hundred  and  sixty-two,  when 
and  whence  he  was  sent,  under  an  armed  escort,  to  Salisbury,  in  the 
state  of  North  Carolina :  and  whereas,  according  to  a  memorandum 
in  writing,  furnished  by  the  said  provost  marshal,  as  far  as  the  re- 
cords of  his  office  show,  the  said  Collins  is  still  restrained  of  his  li- 
berty in  that  foreign  jurisdiction  :  and  whereas  it  is  represented  that 
other  citizens  of  Virginia  are  in  the  same  category : 

1.  Eesolved,  therefore,  by  the  general  assembly,  that  the  governor  Application  for 

T         -I  ■  T       •      ^  !••  1  ■  ^         return  of  citi- 

be  requested  and  is  authorized  to  make  application  to  the  president  zens  imprisoned 
of  the  Confederate  States  for  the  return  to  the  jurisdiction  of  the  ^ 
commonwealth  of  the  said  C.  J.  A.  Collins  and  any  other  citizens  of 
Virginia  that  may  now  be  imprisoned  beyond  the  limits  of  the  state. 

2,  Eesolved,  that  the  governor  communicate  any  correspondence  Correppondence 
he  may  have  with  the  president  and  6ther  confederate  officials  on  this  cated 
subject. 


No.  10. — Preamble  and  Resolutions  tendering  the  Thanks  of  the  General  As 
sembly  of  Virginia  to  Major  General  John  B.  Floyd,  and  the  Officers  and 
Men  under  his  command. 

Adopted  February  28,  1863. 

The  general  assembly  of  Virginia,  satisfied  that  the  exigencies  of  Preamble 
the  times  require  that  the  whole  military  strength  of  the  Confederacy 
shall  be  united  under  one  organization,  and  having  under  this  con- 
viction of  public  duty,  transferred  by  law  the  state  hne  under  the 
comrtiand  of  Major  General  John  B.  Floyd,  to  the  authorities  of  the 
Confederate  States,  and  desirous  of  expressing  to  that  eminent  pa- 
triot and  gallant  soldier  their  high  appreciation  of  his  ability  as  a 
soldier,  and  of  his  unselfish  course  as  a  patriot,  do  resolve : 

1.  That  the  thanks  of  the  general  assembly  of  Virginia  are  due  Thanks  to  Gen. 
and  are  hereby  tendered  to  Major  General  John  B.  FJoyd,  for  the     °^ 

zeal,  gallantry,  ability  and  untiring  devotion  which  he  has  exhibited 
in  the  command  of  the  forces  of  this  state. 

2.  That  thfe  thanks  of  the  general  assembly  are  also  tendered  to  Thanks  to  offi 
the  officers  and  soldiers  under  the  command  of  Major  General  Floyd,  ^^^'^ 

for  the  efficiency  and  gallantry  displayed  by  them  while  in  the  ser- 
vice of  the  state. 


126  RESOLUTIONS. 


No.  11. — Joint  Eesolutions  directing  the  Auditor  of  Public  Accounts  to  ac- 
company his  Biennial  Eeport  with  the  outline  of  a  Tax  BiU. 

Adopted  March  31,  1863. 

OtJtiine  of  tax        Resolvecl  by  the  general  assembly,  that  the  auditor  henceforth  ac- 

blll  to  b«  re-  ,  .    i  .         .   ,  '  •  i      i  i-  c       ■       i  -n      i 

ported  by  audi-    Company  his  biennial  report  ^\itn  the  outline  or  a  tax  bill,  snowing — 


tor 


1.  The  aggregate  amount  of  revenue  proposed  to  be  raised  thereby. 

2.  The  estimated  amount  of  revenue  expected  to  be  yielded  by  every 
Beparate  subject  of  taxation,  and  each  different  class  of  tax  payers, 
■with  the  principle  and  reasons  on  which  the  same  is  proposed  to  bo 
levied.  3.  Any  recommendation  of  new  subjects  of  taxation,  or  any 
Buggestions  on  the  general  subject,  which  he  may  deem  appropriate. 


No.  12. — Resolution  concerning  the  Transportation  of  Salt  on  Rail  Eoads 

and  Canals. 

Adopted  March  31,  1863. 

Control  of  i)08rd     Resolved  by  the  general  assembly,  that  in  giving  the  board  of  pub- 

of  pnblic  worku   ,.  ,        ,  ,  ,  -i  t  n  ,     r        i 

over  rail  roada,  lic  works  the  control  over  the  rail  roads  and  canals  tor  the  transpor- 
eexp  a  tation  of  salt  to  be  furnished  pursuant  to  the  act  passed  thirtieth 
March  eighteen  hundred  and  sixty-three,  it  is  likewise  the  design  of 
the  general  assembly  that  they  shduld  exejcise  like  control  over  said 
roads  and  canals  for  the  transportation  of  salt  due  or  becoming  due 
ander  the  contracts  with  the  counties. 


No.  13. — Joint  Resolution  explanatory  of  a  section  of  the  act  imposing 
Taxes  for  the  Support  of  Government. 

Adopted  March  31,  1863. 

Provirfon  in  fa-       Eesolved  by  the  general  assembly,  that  section  eighty-three  of  the 

vor  of  telegraph       .    .  '  •  ,  /■        , ,  .       ,■  i  •    ■  i 

icompaniea  act  imposing  taxes  tor  tiie  support  or  government,  which  reads  as 

follows :  "  No  license  shall  be  construed  to  grant  any  privilege  be- 
yond the  county  or  corporation  wherein  it  is  granted  unless  it  be  ex- 
pressl}'  authorized,"  does  not  refer  to  telegraph  companies  W'Jipse  linea 
run  through  more  than  one  county  or  corporation. 


No.  14. — Resolution  ratifying  the  Contract  with  Stuart,  Bachanan  &,  Co, 
Adopted  March  30,  1863. 

Eatiflcation  of        Eesolvcd  by  the  general  assembly,  that  the  contract  entered  into 
on  the  twenty-fifth  of  March  eighteen  hundred  and  sixty-three,  be* 


RESOLUTIONS.  127 

tween  Robert  A,  Coghill,  chairman  of  the  committee  of  the  senate  stnan,  Bacha 

of  Virginia,  and  11.  B.  Tumlin,  diairmnn  of  the  committee  of  the 

house  of  delegates  of  Virginia,  the  two  committees  constituting  a 

joint  committee  of  the  general  assembly,  on  the  subject  of  a  supply 

of  salt,  and  Stuart,  Buchauan  and  Company,  in  the  following  words 

and  figures : 

Articles  of  agreement,  made  this  twenty-fifth  dny  of  March  eigh-  Contract 
teen  hundred  and  sixty-three,  between  Robert  A.  Coghill,  chairman 
of  the  committee  appointed  by  the  senate  of  Virginia,  and  Harrison 
B.  Tomlin,  chairman  of  the  pommittee  appointed  by  the  house  of 
delegates  of  Virginia,  the  two  committees  constituting  a  joint  com- 
mittee of  the  general  assembly  of  Virgmia,  on  the  subject  of  a  sup- 
ply of  salt,  and  acting  as  such,  for  and  on  behalf  of  the  common- 
wealth, of  the  first  part,  and  Stuart,  Buchanan  and  Company,  of  the 
second  part : 

Witnesseth,  thai?  the  said  Stuart,  Buchanan  and  Company  do  pro- 
pose, without  the  right  to  retract  or  withdraw  the  same,  the  following 
terms  for  the  lease  and  sale  of  certain  real  and  personal  property  ne- 
cessary for  tliQ  production  of  salt  for  the  people  of  this  commonwealth, 
and  tlie  parties  of  the  first  part  do  accept  the  same  on  behalf  of  the 
said  joint  committee — but  their  action  shall  not  be  binding  on  the 
eaid  coramitnwealth,  unless  this  agreement  shall  be  ratified  and  con- 
firmed by  the  general  assembly  of  Virginia,  at  its  present  session : 

The  said  Stuart,  Buchanan  and  Company  agree  to  le^ise  to  the 
commonwealth,  fur  the  terra  of  one  year,  fully  to  be  completed,  com- 
mencing on  the  first  day  of  April  eighteen  hundi'ed  and  sixty-three, 
and  ending  one  year  thereafter,  or  after  the  day  on  which  possession  * 

is  actually  given,  the  following  property,  viz  : 

1.  A  portion,  from  one  hundred  to  two  hundred  acres,  convenient  DoscripUoc  of 
to  the  "  river  works,"  of  a  certain  tract  of  land,  known  as  the  "  Pres-  ^    ^^^ 

ton  estate,"  for  agricultural  purposes;  which  is  to  be  laid  off  by  the 
arbitrators  herein  after  provided  fon 

2.  The  ten  furnaces,  counting  the  double  furnace  as  hvo,  four  of 
ijjjivhich  are  now  leased  and  operated  by  Friend,  Chukson,  Kelley  and 

Gardner,  and  four  known  as  the  "river  works,"  including  the  con- 
duits, fixtures,  tools  used  in  connection  with  said  furnaces,  the  dwell- 
ing houses  and  stables  at  the  '■  river  works,"  and  all  stables  and  out 
houses  at  the  upper  works,  under  the  control  of  Stuart,  Buchanan 
and  Company.  And  the  said  commonwealth  shall  have  the  privi- 
lege of  cutii  ig,  (juarrying  and  carrying  away  from  any  of  the  lands 
,owued  by  Palmer  and  Stuart,  outside  of  the  Preston  and  King  estates,  • 

or  either  of  them,  stone,  wood  and  timber,  and  aa  "equal  right  with 
the  said  Staa,rt,  Buchanan  and  Company  under  their  lease,  to  cut, 
,quarry  and  remove  stone,  wood  and  tunber  from  the  King  estate  and 
tiic  Preston  estate ;  but  the  lease  of  the  four  furnaces  now  held  by 
Prieud,  Glarkson,  Kelley  and  Gardner  is  subject  to  the  contract  of 


128  RESOLUTIONS. 

lease  between  them  and  Stuart,  Buchanan  and  Company :  and  the 
state  assumes  the  position  of  said  lessors  as  to  said  lease. 

Said  Stuart,  Buchanan  and  Company  also  hind  themselves  to  pump 
to  the  surface  and  furnish  to  the  commonwealth,  salt  water  sufficient 
to  supply  and  to  keep  in  continued  operation  the  said  ten  furnaces, 
to  their  full  boiling  capacity ;  and  this  stipulation  means  and  intends 
that  said  supply  of  brine  to  the  said  ten  furnaces  is  to  be  prior  to  any 
other  supply  to  be  furnished'  to  any  other  contracting  party,  and  prior 
to  any  right  of  user  of  brine  by  said  Stuart,  Buchanan  and  Company: 
but  it  is  expressly  agreed  by  the  said  Stuart,  Buchanan  and  Com- 
panj',  that  the  commonwealth  may  lease  or  ti'ansfer  to  any  other  per- 
son the  property  and  privileged  hereby  intended  to  be  leased  or  con- 
veyed, and  that  the  sub-lessees  or  transfeiTees  shall  be  entitled  to  ail 
the  rights  and  privileges  hereby  conveyed  to  the  commonwealth. 

Said  Stuart,  Buchanan  and  Company  agree  to  sell  and  deliver  to  the 
commonwealth  one-half  of  all  the  wagons,  harness,  horses,  mules, 
sacks,  provisions,  forage  and  other  personal  property  owned  by  them, 
and  needful  for  the  manufacture  and  distribution  of  salt;  also  one-, 
half  of  all  the  wood  now  cut  and  in  their  possession,  or  contracted 
for  and  cut,  and  intended  to  be  used  by  them  for  the  manufacture  of 
salt ;  also  to  deliver  to  the  commonwealth  all  the  slaves  of  Col.  J.  N. 
Clarkson  hired  by  them,  and  one-half  of  all  other  slaves  hired  by 
them,  at  the  same  rate  of  hire  for  the  residue  of  the  year,  at  which 
they  the  said  Stuart,  Buchanan  and  Company  have  hired  them  ;  and 
the  commonwealth  agrees  to  assume  all  their  liabilities  as  to  said 
slaves. 

'  It  is  further  agreed  that  said  Stuart,  Buchanan  and  Company  shall 

allow  to  said  commonwealth  good  and  convenient  ways  to  and  irom 
said  furnaces,  together  with  wood  yards  and  appurtenances,  aflFording 
ample  space  for  conveniently  operating  said  ten  furnaces. 

Submission  to  And  the  said  parties  of  the  first  and  of  the  second  parts,  being 
1  ra  ion,  c  ^^j^j^jg  |.q  ^g^ee  upon  the  price  to  be  paid  by  the  commonwealth  for 
the  foregoing  lease  and  purchase  and  other  privileges,  do  hereby  mu- 
tually agree  that  the  same  shall  be  submitted  to  the  arbitrament  and 
award  of  three  disinterested  citizens  of  the  commonwealth,  or  a  ma- 
jority of  them,  one  of  whom  shall  be  chosen  by  the  commonwealth 
or  her*authorized  agent,  and  one  by  the  said  Stuart,  Buchanan  and 
Company ;  and  the  two  so  chosen  to  select  a  third ;  and  if  any  of  the 
said  arbitrators  should  die,  fail  or  decline  to  act,  his  place  shall  be 
supplied  in  the  manner  in  which  he  was  originally  selected. 

•  And  the  parties  of  the  first  part  agree  that  the  sum  thus  ascertained, 

by  the  said  board,  each  one  of  whom  shall  be  sworn  before  proceed- 
ing to  act,  shall  be  paid  in  confederate  currency  to  the  said  Stuart, 
Buchanan  and  Company  whenever  the  value  is  so  ascertained  and 
possession  delivered :  and  they  the  said  Stuart,  Buchanan  and  Com- 
pany do  agree  to  receive  the  same  in  iull  discharge  of  this  contract 


EESOLU'riONS.  _  129 

to  the  said  Stuart,  Buclianan  and  Company  by  the  commonwealth  : 
but  the  commonwealth  reserves  the  right  to  imj^ress  the  whole  of  t^e 
property  hereby  intended  to  be  conveyed,  if  the  said  Sruart,  Buchanan 
and  Company  shall  not  in  good  faith  execute  this  contract  in  all  its 
parts. 

Witness  the  following  signatures : 

R.  A.  COGHILL, 

'*  Cli'n  of  Seriate  Committee. 

H.  B.  TOMLIN, 

C/i'n  of  House  Committee. 

STUART,  BUCHANAN  &  CO. 
—be  and  the  same  is  hereby  ratified^ and  confirmed. 


No.  15. — Preamble  and  Resolution  advising  the  people  of  the  Common- 
wealth in  relation  to  the  increase  and  preservation  of  certain  Agricultural 
Productions  and  Supplies. 

Adopted  March  31,  1863. 

The  general  assembly  of  Virginia, 'inoved  by  a  deep  sense  of  the  Preambi? 
importance,  at  this  time,  of  raising,  above  all  things,  an  abundance 
of  j)rovisiong  and  of  forage  for  the  uses  of  our  armies  and  of  the  peo- 
ple at  large  ;  confident  in  our  ampl.e  resources  of  production,  as  well 
as  in  the  public  spirit  and  patriotic  zeal  of  our  citizens  ;  and  fearing 
no  deficiency  or  serious  inconvenience,  beyond  what  at  all  times  may 
occur  from  unfavorable  seasons,  except  such  as  might  result  from 
over  confidence  in  those  resources,  or  from  not  sufficiently  adverting 
to  the  large  space  of  our  territory  temporarily  disabled  from  furnish- 
ing its  usual  contribution  to  the  public  wants,  and  to  other  conside- 
rable portions  of  the  Confederacy  cut  off  for  the  present  from  their  • 
usual  sources  of  supply ;  but  still  deeming  it  their  highest  duty  to 
guard  as  far  as  pos^nble,  against  even  the  chance  of  so  great  a  cala-. 
mity  as  a  scarcity  of  provisions,  do  therefore  resolve : 

That   they   earnestly  recommend  to    every  citizen   of  the  state  increaee  of  a^r 
'  that  he  shall  aim  to  increase,  greatly  beyond  his  usual  amount,  all  his  duct"!  &c"^&c. 
agricultural  products  of  every  kind  whatsoever ;  his  grain  and  his  recommended 
grass  crops;   his  live  stock;  his  fruits  and  his  garden  vegetables; 
every  thing,  indeed,  tliat  goes  to  the  sustenance  of  man  and  beast, 
before  he  shall  apply  his  labor  to  any  other  object  or  employment 
whatever ;  that  he  constantly  practice  frugality  in  using  his  resources 
of  food,  and  bear  iu  mind  always  to  consume  first  what  is  most  per- 
ishable, in  order  that  he  may  husband  his  whole  stock  to  the  best 
advantage  ;  and  they  enjoin  it  upon  and  make  it  the  special  charge  of 
every  justice  of  the, peace  throughout  all  the  state,  not  occupied  by 
the  enemy,  to  visit  his  nei|'hbors   and  urge  it  upon  them  to   act 
promptly  and  effectually  on  this  recommendation,  as  a  work  of  true 
patriotism,  a  sacred  duty  to  the  cause  of  the  independence  and  safety 


130  RESOLUTIONS. 

of  the  Confederate  States,  and  as  furniehing  to  the  world  the  evidence 
of  their  firm  and  immovable  determination  to  incur  every  sacrifice, 
and  to  omit  no  efi"ort  that  may  l)e  necessary  to  the  success  of  that 
holy  cause. 


No.  15. — Ecsolutlons  authorizing  the  County  and  Corporation  Courts  to 
prepare  and  preserve  a  durable  Eecord  of  the  Name.s  and  Deeds  of  Con- 
^icuous  Mi'rit  of  all  who  have  or  shall  have  served  honorably  in  our 
armies  in  the  present  war. 

Adopted  March  19,  1863. 

Record  to  bo  1.   Rcsolved  by  the  general  assembly,  that  the  court  of  any  county 

ft.^rving  hooo""^  and  Corporation  of  this  state  shall  be  authovized  to  purchase  and  pre- 
biyinthewar  g^^xe  among  its  archives  a  suit*able  book,  wherein,  under  the  super- 
inte«deuoe  and  direction  of  such  court,  shall  be  inscribed  the  names 
of  all  persons  belonging  to  such  county  or  corporation,  who  have,  or 
shall  have,  in  any  capacity,  served  honorably  in  the  armies  of  the 
Coijfederate  States  or  of  this  state,  in  the  present  war ;  and  also,  in 
a  form  to  be  approved  by,  and  on  proofs  satisfactory  to  all  the  mem- 
bers of  any  such  court,  sitting  as  such,  a  concise  record  of  any  acts 
of  conspicuous  merit  that  shall,  have  been  performed  by  any  such 
•  person. 

Plan,  &c.  to  bo       2.   That  a  plan  of  such  book,  tabulated  in  the  manner  of  the  army 
farnblhedby       I'olls,  but  With  such  changes  as  may  be  deemed  advisable,  shall  be 
£i4jutant  genera!  p^-epared  by  the  adjutant  general,  subject  to  the  approval  of  the 
governor;  and  when  so  approved,  books,  prepared  in  conformity 
thereto,  shall,  as  applied  for  by  any  such  county  or  corporation  court, 
be  furnished,  at  its  expense,  to  any  such  court,  by  the  adjutant  gene- 
ral, together  with  lists,  extracted  from  the  array  rolls  in  his  posses- 
sion, of  all  persons  found  listed  therein  as  belonging  to  such  county 
•  or  corporation. 


No.  17. — Resolutions  authorizing  the  disbanding  of  the  State  Line,  &.C, 
'  Adopted  March  24,  1863. 

i>ij5banded  1-   Eesolved  by  the  senate  and  house  of  delegates,  that  the  forces 

heretofore  known,  as  the  "  state  line"  and  "  partizan  rang(jr8,"  be 
and  they  are  hereby  disbanded  on  and  after  the  first  day  of  April 
eighteen  hundred  and  sixty-three. 

state  arms,  &c.  2.  Kcsolved,  that  the  governor  be  instructed  to  use  all  proper  dili- 
andlrMiBf^rred  gGfce  in  collecting  the  state  arms  and  other  public  property  in  their 
Mvernme"r^  possession,  and  to  proceed,  as  far  as  can  be  done  under  existing  cir- 
cumstances, to  execute  the  provisions  of  the  act  of  assembly,  by 
transferring  the  arms  and  other  public  propertv^  to  the  confederate 
ProYiao  government :  provided,  that  all  persons  belonging  thereto  may  volun- 

teer, or  if  subject  to  conscription,  may  be  conscripted  into  the  mili- 
tary service  of  the  Confederate  States  at  any  time  prior  to  said  date. 


SEPARATE  ELECTION  PRECINCTS. 


Accomack-^Couxt-honse ;  Chingoteague ;  New  Church  ;  Corbin  and  Metcher's ;  Mapp*s ; 
Cruilford ;  Newstown ;  Onancock ;  Pungoteague. 

Albemarle — Court-house;  Lindsay's  Turnout ;  Everettsville ;  Stony  Point;  Earleysville; 
Blackwell's;  FreeUni^n;  Whitehall;  Woodville;  Batesville;  Hillsborough;  Crossroads; 
Covesville;  Porter's ;  Warren ;  Wing^field's ;  Milton;  Scottsville ;  Monticello  House ;  How- 
ardsville. 

Alexandria — Five  districts— ^Identical  with  magisterial  districts. 

Alleghany — Court-house ;  Robert  Skeen's  Hotel ;  John  O.  Taylor's ;  George  Stall's ;  Cliif- 
ton  Forge;  Jabez  Johnston's ;  Griffith's  Mill ;  Fork  Run. 

Amelia — At  the  same  place  as  magisterial  elections. 

Amherst — New  Glasgow ;  New  Hope;  Oronoco;  Chestnut  Grove;  Folly;  Temperance; 
Pedlar  Mills  ;  Elon ;  Court-house ;  Buffalo  Springs. 

Appomattox — Court-house;  Union  Academy;  Wesley  Chapel ;  Hamner's;  Spdut  Spring ; 
Oakville. 

Augusta — Court-house;  Waynesborowgh;  Middlebrook;  Spring  Hill;  Mt.  Meridias; 
Greenesville ;  District  No.  2,  Staunton ;  Mt.  Sidney ;  Stuart's  Draft ;  Fishersville;  Churcfe- 
ville;  New  Hope;  Craigsville;    Deerfield ;    Mt.  Solon;    Swoop's  Mill;  Midway;  Newport- 

Barbour — Court-house ;  Burner's ;  Nutter's ;  Bartlett's ;  Mitchell's ;  Yeager's ;  Glacj 
Creek ;  Holtsberry's ;  Coal  Precinct.    - 

Batk — Court-house ;  Cedar  Creek ;  Hamilton's ;  Cleek's  Mill ;  Williamsville  ;  Milton ; 
Green  Valley. 

Berkeley — Court  house ;  Billingre's  Hotel ;  Mill  Creek  ;  Hedgesville ;  Falling  Waters ; 
Robinson's  Mill ;  Gerrai'dstown ;  Oak  Grove ;   Glen  Spring;  Crossroads.  • 

9 

Boone — Court-house ;  Adkins'  on  Mud  river ;  Adkins'  on  Big  Coal ;  Lawrence's ;  Curtiss' ; 
Daniel  Laurel's ;  Thompson's  Mill ;  Miller's. 

Botetourt — Court-house;  Mountain  Union ;  Carver's;  Buchanan;  Rocky  Point  Mills ^ 
Jackson ;  Junction  Store ;  Dibrell's  Spring ;  Amsterdam. 

Braxton — Court-house ;  Trjplett's ;  Rilney's ;  Cool's ;  John  Crite's  former  Residence ; 
Christian  Moda's  former  Residence  ;  Haymond's  Mill ;  Cunningham's ;  Saulsberry ;  Stene- 
street ;  Jacob  P.  Conrad's. 

Brooke — At  same  place  as  magisterial  elections ;  Goodwill  School-house. 

Brunswick — Court-house ;  Benton  Precinct ;  Trotty's  Store ;  Oak  Grove ;  Lucy's  Store ; 
Smoky  Ordinary ;  Nicholson's  Precinct. 

BMcii«o'//am— Court  house ;  Stanton's  Shop ;  New  Store ;  Wright's ;  Curdsville;  Allen'e. 


1132  SEPARATE    ELECTION  PRECINCTS. 

Cabell — Court-house ;  Guyandotte ;  Laidle j's  Store ;  Spurlock's  ;  Doolittle's  Mill ;  Bar- 
rett's Precinct ;  McComas' ;  Falls  of  Guyandotte ;  Killgore's  Precinct ;  Peter  Buffington's. 

Campbell — Places  the  same  as  for  magisterial  elections. 

Caroline — Court-house ;  Reedy  Church ;  Oakley '3 ;  Needwood ;  Sparta ;  Pitts' ;  Port 
Eoyal;  Sycamore;  Golansville;  Madison's. 

Carroll — Court-house;  Polly  Quesenberry's ;  Thomas  Quesenberry's ;  Laurel  Fork;  Kin- 
Kpy's ;  Easter's ;  Newman's ;  Sulphur  Springs ;  Eichard  Haynes' ;  Nathaniel  Haynea'. 

« 
Charles  City — Court-house ;  Delarue's ;  Ladd's ;  Waddell's  ;  Apperson's ;  Vaiden's. 

Charlotte — Court-house ;  Keysville  ;  Smith's  Tarern ;  Clement's  ;  Wyliesburg ;  Roby's 
Shop ;  Hawrey's  Store ;  Matthews  &  Smith's  Store. 

Chesterfield — Court-house ;  Britton's  Shop ;  Shell's  Tavern ;  Manchester ;  Robinson's 
Store;  Clover  Hill. 

Clarke — Com-t-house ;  Russell's  Tavern :  "White  Post ;  Millwood ;  Royston's  Tavern ; 
Comer's  Toll-gate. 

Craig — Court-house ;  Carper's  Tavern ;  Walker's  Store  ;  Scott's  Tavern :  Martin  Huff- 
man's ;  George  Sarver's. 

Culpeper — Court-house ;  Rixy ville ;  Colvin's ;  Stevensburg ;  Pottsville  ;  Gathright's  ; 
Wellsborough;  Griffinsburg. 

Cumberland — Court-house;  Tavern  Precinct ;  Oak  Forest;  Irwin's. 

Dinwiddle — Court-house;  Billups' ;  Goodwynsville ;  Williams'  Shop;  Darvill's;  Wil- 
liams' ;  Sutherland's. 

Doddridge — Court-house ;  Allen's ;  Bond's ;  Key's ;  Davis'. 

f^lizabeth  City — Court-house ;  Liveley's  Ordinary ;  Fox  Hill. 

Essex — Court-house  ;  Occupacion ;  Lloyd's ;  Miller's ;  Bestland ;  Centre  Cross. 

Fairfax — Court-house ;  Crossroads  ;  Arundel's ;  Sangster ;  Ross' ;  Dranesville ;  Anan- 
dsile ;  West  End ;  Accotink ;  Centreville ;  Falls  Church ;  Fars  ;  Bayless  ;  Pulman's. 

Fauquier — Court-house ;  Plains  ;  Salem ;  White  Ridge  ;  Farrowsville ;  Orleans ;  Liberty  ; 
Momsville;  Paris;  New  Baltimore ;   Rectortown;  Weaversville ;  UppeivUle. 

Fayette — Court-house ;  Blake's  ;  Gauley  Bridge ;  Fleshman's ;  Lewis' ;  Keeney's ;  Ter- 
ry's ;  Coleman's. 

Fluvanna — Court-house ;  Howard's  Store ;  Columbia ;  Morris'  Store ;  Kent's  Store ;  Ha- 
deia's  Store ;  Bashan  and  Snead's ;  Bledsoe's ;  Union  Grove. 

Franklin — Court-house;  Allen's;  Union  Hall;  Booth's  Store;  McVey's  Tanyard; 
Helm's ;  Dickerson's ;  Kinsey's  ;  Richland  Grove ;  Bush's  Store ;  Sydnorsville ;  Snow 
Creek ;  Aldridge's  Store. 

Frederick — Court-house ;  Engine-house ;  Gwinn's  Tavern ;  Hoover's  Tavern ;  Newtown , 
Middletown;  Russell's;  Anderson's;  Brucetown;  Swhier's;  Cole's  School-house;  Pugb- 
town. 

Giles — At  the  same  places  as  magisterial  elections ;  Howe's  Hotel. 

.    Gilmer — Court-house;  Jerkland:  Burke's;  Widow  Stump's;  De  Kalb's;  Peregrine  Hays' . 
ISnot^'s;  Hewett's;  Troy, 


SEPAEATE   ELECTION   PRECINCTS.  133 

Goochland — Court-house ;  Little  Store ;  Perkinsville ;  Smith's  Shop ;  Mills' ;  Holland's ; 
Poor's;  Jennings'. 

Gloucester — Places  the  same  as  for  magisterial  elections. 

Greenbrier — Court-house ;  Blue  Sulphur  Springs ;  Lick  Creek ;  Anthony's  Creek ;  Spring 
Creek;  Southside;  Lewisbui'g;  White  Sulphur;  Miller's;  Irish  Comer;  Williamsburg; 
Frankfort. 

Greene — Court-house  ;  Ruckersville ;  Tenill  Shiflett's  ;  McMullansville. 

Greenesville — Court-house ;  Eyland's  Depot ;  Blunt's  Jlill ;  Poplar  Mount. 

Halifax — Court-house;  Meades^ille;  Mount  Carmel;  Halifax  Springs ;  High  Hill;  Hud- 
son's ;  Garrett's  Store ;  Whiteville ;  Republican  Grove ;  Brooklyn. 

Hampshire — Courthouse;  John  Liller's;  Miers';  Burlington;  Taylor's;  Doyles"'; 
Thompson's;  Lupton's;  Eisner's;  Lovett's ;  Mj's.  Offutt's;  Stump's;  Fority;  Sherrajd's 
School-house;  Hash's;  Blair's;  Arnold's;  Piedmont. 

Hancock — Court-house ;  Holliday's  Cove ;  New  Manchester ;  Aton's  School-house. 

Hanover — Court-house ;  Hughes' ;  Jones'  Crossroads ;  Negrofoot ;  Dontonsville ;  CoM 
Harbor ;   Ashland, 

Harrison — Court-house;  Shinnston;  Union  Meeting-house;  West  Milford;  Lumbei- 
port ;  Bridgeport ;  Davis' ;  Lynch's  ;  Sardis ;  Swisher's  Mills. 

Henrico — Court-house ;  Kidd's ;  Sweeney's ;  Alley's  ;  Lovingsteine's ;  Dickman's  ; 
Hughes';  Walkerton;  Hungary. 

Henry — Court-house ;  Rough  and  Ready ;  Irisburg ;  Oak  Level ;  Leatherwood ;  Eid^^- 
way ;  Horse  Pasture. 

Highland — Monterey;  Ruckmansville ;  Wiley's;  Crab  Bottom;  Doe  Hill;  McDowell; 
Pulhns' School  house ;  Gwin's. 

Jackson— Ripley ;  Click's ;  Jones' ;  Range's ;  California ;  Depue's  ;  Three  forks  ci 
Reedy ;  Trumansville ;  Ravenswood ;  Squire  Slaven's ;  Murrayville ;  iloor's  Miil ;  Me- 
<Jrew's  Mill. 

James  City — Court-house ;  Burnt  Ordinary ;  York  River. 

Jefferson— Eight  districts — Places  the  same  as  for  magisterial  elections. 

Kanaioha — Court-house;  Fleetwood's;  Richards';  Bradley  Low's;  Atkinson's  Mill ■, 
Altzs';  Gouts'  Mouth;  Dog  Creek;  Givens';  Maiden;  Fork  Coal;  Harper's;  Gatewood's; 
Mouth  Sandy ;  Brooks'  Store. 

King  George — Court-house ;  Hampstead ;  Clifton ;  Shiloh. 

King  &f  Queen — Court-house ;  Clark's  Store ;  Stevensville  ;  Newtown ;  Centreville. 

King  William — Court-house ;  Plain  Dealing ;  Aylett's ;  Lanesville. 

Lancaster — Court-house ;  Litwalton ;  Kilmanock ;  White  Stone. 

Lewis — Court-house;  McLaughlin's  Store;  Jane  Lew;  Freeman's  Creek;  Skin  Creek; 
Hall's  Store ;  Leading  Creek ;  Collins'  Settlement. 

Logan — Same  places  as  for  magisterial  elections. 

Loudoun — Court-house ;  Waterford ;  Lovetsville  ;  Hillsborough ;  Waters' ;  PurceiFs 
Store;  Snickersville ;  Union;  Middleburg;  Mt.  Gilead;  Gum  Spring;  Whaley's;  Gores ville.' 


134  SEPARATE   ELECTION   PEECINCTS. 

Louisa — Courthouse;  Free  Union;  Hopkins' Mill;  Trevilian's;  Bell's  Crossroads ;  Wal- 
ton's Tavern ;  Terrell's  Store ;  Parrish's  Store ;  Frederickshall ;  Bumpass' Turnout;  Thomp- 
son's Crossroads ;  Isbell's  Store ;  Hope's  Tavern ;  Gentry's  Store  ;  Cosby's  Tavern. 

Lunenliurg — Court-house ;  Brown's  Store ;  Pleasant  Grove ;  Knight  and  Oliver's  Mill ; 
Itochlomond  ;  Bagley's  Store ;  Jordan's  Store. 

Madison — Court-house  ;  Stony  Hill ;  Criglersville ;  Huffman's  Mill ;  Graves'  Mill ;  Ea- 
pidan  Meeting  house  ;  Fleshman's  Shop ;  Locust  Dale. 

Marion — Places  the  same  as  those  for  magisterial  elections,  and  at  Glover's  Gap. 

Marshall — Court-house ;  Pleasant  Hill ;  Jones'  Hotel ;  Bleak's  School-house ;  Parsons' 
Precinct;  Mouth  of  Fish  Creek ;  Sand  Hill;  Crossroads;  Smart's  School-house;  Burley's; 
Terrill's  School-house  ;  Big  Eun ;  Fair  View  ;  Linn  Camp. 

Mason — Court-house;  Berriage  Precinct;  Love  Precinct;  Bamett  Precinct;  West  Co- 
lombia ;  Neaso  Precinct ;  Eighteen  Mile  Precinct ;  Grigg's ;  Sixteen  Mile  Precinct ;  Thir- 
tesiQ  Mile  Precinct. 

Mattheics — Same  places  as  for  magisterial  elections. 

Mecklenburg — Coiirt-hou.se;  Jones';  Edmundson's;  Clarkesville  ;  Eeeke's  ;  Overby's  ; 
Wright's ;  Harwell's ;  Christiansville ;  Gillespie's. 

Middlesex — Jamaica ;  Saludo ;  Sandy  Bottom. 

Monongalia — Court-house;  Guseman's;  Jones';  Osburn's;  Ross';  Lofter's;  Cassville; 
Cristiman's;  Laurel  Point;  Cox's;  Moore's  Eiver ;  Tenant's;  Dowall's;  "Warren. 

Monroe — Court-liouse;  Dickson's;  Miller's  Store;  Eollinsburg;  Mrs.  Peck's;  Eed  Sul- 
phur ;  Haynes' ;  Centreville. 

Montgomery — Court-house ;  Guerrant's :  Peterman's ;  Price's  Forks ;  Keister's ;  Crum- 
packer's;  Lafayette;  Kent  and  McConkey's ;  Eough  and  Eeady;  Lovely  Mount. 

Morgan — Court-house ;  Lowe's ;  Baker's ;  Unger's  ;  Hume's ;  Swann's ;  Miller's. 

Nansemond — Court-house;  Hargrove's  Tavern;  Harrison's  Shop;  Holyneck;  Chucka- 
tack;  Somertori;  Darden's  Store ;  Cypress  Chapel. 

Nelson — Fortune's;  New  Market;  Faber'sMill;  Greenfield;  Massie's  Mill ;  Eoberts'. 

Nctc  Kent — Court-house ;  Barhamsville ;  Chandler's  Store ;  Eatcliff 's  Tavern. 

Nicholas — Court-house;  Taylor's;  Brown's;  Neil's;  Dunbar's;  Nutter's;  Sawyer's; 
Pierson's. 

Norjolk  City — Four  Wards. 

Norfolk  County — Court-house ;  Glebe  School-house ;  Sycamore's ;  Deep  Creek ;  School- 
iiouse,  District  No.  2;  School-house  in  Providence;  Pleasant  Grove  School-house;  Butts' 
Eoad  School-house. 

Northampton — Cotirt-honse ;  Bay  View;  Franktoven;  Johnsontown  ;  Capeville. 

Northumberland — Court-house ;  Lottsburg  ;  Burgess'  Store ;  Wicomico. 

Nottoway — Court-house  ;  Jennings'  Ordinary ;  Wilson  and  Jones' ;  Blackfare. 

Orange — Court-house;  Barboursville ;  Thomas  Smith's;  Thomas  Rhoade's;  Locust 
Grove. 

Page — Court-house;  Honey ville;  Oalcham;  George  Price's  Mill;  Springfield;  Mohlcr's 
Mill ;  Rileysville ;  Prunty's  Mill. 


SEPARATE   ELECTION    PRECINCTS.  135 

Patrick — Court-house;  Robertson's;  Aldridge's  and  Lee's ;  Penn's  Store;  Carter's  Store ; 
Hancock's ;  Elaaisville ;  Slusher's ;  Connor's ;  Shilor'a ;  Gates' ;  Mankia's. 

Pendleton — Franklin;  Harper's;  Kiser's;  Vint's;  Cowyer's  Mill;  Mallow's;  Seneca; 
Circleville. 

Petersburg — Centre  "Ward ;  East  Ward ;  South  "Ward  ;  "West  Ward. 

Pittsylvania — Court-house;  Danville;  Spring  Garden;  Wbitmell;  Cascade;  Smith's; 
Beaver's;  Riceville;  Eorer's;  Strail's  Store;' White's;  Laurel  Grove;  Chalk  Level; 
Mooman's. 

Pleasants — Court-house;  Spring  Run;  Sugar  Creek;  Pine  Grove;  Halo's  Mill. 

Pocahontas — Four  districts^-Places  of  election  the  same  as  for  magistrates. 

Puicluitan — Coxirt-house ;  Clarke's  Mill ;  MacoH ;  Sublett's. 

Preston — Brandonville ;  Miller's;  Burnel's;  Feather's;  Snuiniit  School-house;  Germany; 
^^raham's;  Huddlesin's ;  King  wood;  Martin's;  Independence;  Ev-ansville;  Nine's;  Funk's. 

Princess  Anne — Court-house;  Kempsrille;  London  Bridge;  Capp's  Shop;  Creed's 
Bridge;  Biackwater. 

Prince  Edicard — Court-house ;  Marble  Hill ;  Spring  Creek ;  Prospect :  Farmville ;  Sandy 
E-iver. 

Prince  George — Courthouse;  City  Point;  Lilley'e  School-house;  Tuttle's  Precinct; 
Hariisou's  Store;  Templeton. 

Prince  William — Dumfries;  Cole's;  Occoquan:  Reeve's;  BrentsvilJe;  Ivinchelon's ; 
Haymarket;  Ludley„ 

Pulaski — Court-house;  Brown's;  GalbreatVs ;  Rnper's;  Thorn  Spring  Camp. 

Putnam — Court-house;  Bailey's;  Pocatalico;  Alexander's;  Red  House;  Jones';  Hurri 
«ane  Bridge;  Wheeler's;  Buti'alo;  Eighteen  Mile  Precinct. 

Raleigh — Same  places  as  magisterial  elections. 

i?anrfo/p/*^Court-house ;  Pennington's ;  Minear's ;  Taylor's ;  Kemp's ;  Lee. 
Rappahannock — W^ashington ;  Sperry ville ;  Yatej' ;  Amissville ;  Catherine  Deatheridge 
Richmond  City — Jefferson  Ward ;  Madison  Ward ;  Monroe  Ward. 

Richmond  County — Court-house;  Stony  Hill;  Tavern-House;  Faraham  Church;  Lyell's 
.•Store. 

Ritchie — Harrisville;  Skelton's ;  Leedan's ;  Ireland's;  Deems';  Eawson's;  Tebbs'; 
Murphy's. 

Roanoke — Court-house ;  Big  Lick ;  Cave  Spring ;  Barnett's. 

Rockbridge — Court-house;  Brownsburg;  Fairfield;  Nfatural  Bridge;  Collierstown;  Kerr'a 
Creek;  Trt^vey's;  Hamilton's  School-house;  Paxton's  School-house;  Wilson's  Shop;  Broad 
Creek;  Goshen.  * 

Rockingham — Harrisonburg;  Keezletown;  McGaheysville ;  Conrad's  Store;  Spartapolis; 
Hentou's  Mills;  Gordon's  Store;  Bowman's  Mill;  Timberville;  Menonite  School-house; 
Bridgewater;  Ottobine;  Wiftig's  Store;  Sprinkle's  Store;  Taliaferro's  Store;  Port  Republic; 
Mount  Crawford ;  Samuel  Coots'. 


1-36  SEPARATE   ELECTION    PRECINCTS. 

Russell — Court-house;  Grizle's;  Pound;  Holly  Creek;  Guest's  Mountain ;  Castlewood's; 
Fugate's;  Hanson's;  Aston's  Store;  Cook's  Mills;  Dorton's;  Baylor's  Store;  Gibson's; 
Hendrick's  Store. 

Scott — Court-house ;  Wineger's ;  Hart's ;  Smith's ;  Puilleng's ;  Nickelsville ;  Alley's ; 
(Osborne's  Ford ;  Stony  Creek ;  Peters' ;  Rye  Cove ;  Carter's ;  Neil's ;  Roller's. 

Shenandoah — Court-house;  Strasburg;  Crossroads  Meeting-house;  Conner's  Church; 
Town  Hall;  Keller's  School-house;  Edinburg;  Columbia  Furnace;  Mount  Jackson; 
Crossroads  School-house ;  New  Mai-ket ;  Forrestville. 

Smyth — Court-house;  Broad  Ford;  Hays';  Sanders';  St.  Clair's  Bottom;  Burton's 
Store;  Ashlin's;.  Atkins'. 

■   Spotsylvania — Court-house ;  Fredericksburg ;  Mount  Pleasant ;  Andrews' ;  Chanceror's. 

Stafford — Court-house ;  White  Oak ;  Master's ;  Tackett's  Mill ;  Falmouth ;  Coakley's ; 
Harwood's ;  Acquia. 

Southampton^-ConTt-house;  Drewrysville ;  Crosskeys;  Joyner's ;  Murfee's;  Black 
Creek  Church ;  Berlin ;  Faison's  Store. 

Surry — Four  districts — At  the  same  places  as  for  election  of  magistrates. 

Sussex — Court-house;  Comann's  Mill;  Henry;  Stony  Creek;  Newville;  Owen's  Store. 

Taylor — Court-house ;  Mahaney ;  Eeed's ;  Claysville ;  Kuottsville ;  Haymond's ;  Fetter- 
man;  Grafton. 

Tazewell — Court-house;  Repass;  Tiffany's;  Mouth  of  Slate;  Gibson's;  Crabtree's;. 
Litzeville ;  Liberty  Hill ;  Tugg. 

Tyler — Court-house ;  Centreville ;  David  John's ;  Hammond's ;  Underwood's ;  Dan- 
I'.er's;  Sistersville ;  Pleasant  Mills. 

Upshur — Court-house;  Reedy  Mills;  Simpson's  Mill;  Posty;  Marples;  Marshall's; 
("hesney's. 

Warren — Court  house ;  Boyd's  Mill ;  Bentonville ;  Leary's  School-house ;  Cedarville ; 
Howellsville.  . 

Warwick — Three  precincts — The  same  as  for  election  of  magistrates. 

Washington — Courthouse;  Clark's;  Davis';  Waterman's;  Merchant's;  Gobble's;  Mills'; 
Worley's ;  Williams' ;  Morell's ;  FuUen's  School-house ;  Clark's ;  Kelly's  School-house ; 
Delusko  Mills ;  0ns' ;  Miller's ;  Good  Hope ;  Green  Spring. 

Wayne — ^William  Crum's.     (No  other  returned.) 

Westmoreland — Court-house ;  Hague ;  Warrensville ;  Oak  Grove. 

Wetzel — Court-house;  Forks  of  Proctor;  Knob  Fork;  Church's;  Cohorn's;  Ice's; 
Willey's  School  house.  .  ' 

Williamsburg — Court-house. 

Wirt — Court-house;  Foster's;  Potty's. 

Wood — Precincts  at  the  same  places  as  election  for  magistrates. 

Wyoming — Court  house ;  Gad's ;  Rhineheart's ;  McKinney's ;  Bailey's ;  Lester's. 

Wythe — Eight  districts — Precincts  at  same  places  as  for  election  of  magistrates. 

ForA:— Three  districts — Precincts  at  the  same  places  as  for  election  of  magistr^ttes,  ' 


TABLE 

Showing  the  Times  J9r  the  Commencement  of  the  Regular  Terms  of  each  Circuit, 
County  and  Corporation  Court. 


Counties 

CirciTit  courts. 

County  and  corpora- 
tion courts. 

County  and  corporation 

and  corporations. 

When  terms  commence. 

Monthly  terms. 

courts.     Quarterly 

terms. 

CirrMlts. 

Accomack, 

5. 

iBt  Monday  in  May  and  1st 

day  of  November, 

Last  Monday, 

March,  May,  August 

,  Novem. 

Albemarle, 

10. 

2d  Monday  in  May  and  Oct, 

First  Monday, 

Do.     June,      do. 

do. 

Alexandria, 

9. 

3d  Monday  in  May  and  2d 

Monday  in  November, 

Fourth  Monday, 

Feb'y,  May,        do. 

do. 

Alleghany, 

14. 

13th  April  and  September, 

Third  Monday, 

March,  June,       do. 

do. 

Amelia, 

2. 

25th  April  and  20th  Oct'r, 

Fourth  Thursday, 

Do.     May,       do. 

do. 

Amberst, 

10, 

22d  March  and  August, 

Third  Monday, 

Do.     June,  '    do. 

do. 

Appomattox, 

3. 

21st  April  and  September, 

Thursday  after  Ist 

Monday, 

Do.     May,       do. 

do. 

Augusta, 

11. 

1st  June  and  November, 

Fourth  Monday, 

Do.      do.         do. 

Octo'r. 

Barbour, 

21. 

8th  May  and  October, 

First  Blonday," 

Do.     June,      do.  — Novem. 

Bat"!), 

11. 

15th  May  and  October, 

Second  Monday, 

Do.      do.         do. 

do.  . 

Bedford, 

4. 

25rh  April  and  September, 

Fourth  Mobday, 

Feb'y,   May,  July, 

do. 

Berkeley, 

13. 

24th  April  and  September, 

Second  Monday, 

March,  June,  August,     do.    • 

Boone, 

15. 

2d  Monday  after  4th  Mon- 

Wednesday after  2d 

day  in  April  and  Si^pt'r, 

Monday, 

Do.      do.         *). 

do. 

Botetourt, 

14. 

1st  April  and  September, 

Second  Monday, 

Do.      do.         do. 

do. 

Braxton, 

19. 

27th  April  and  September, 

First  Tuesday, 

Do.       do.         do. 

do. 

Brooke, 
Brmisi*ick, 

20. 

18lh  March  and  August, 

Last  Monday, 

Feb'y,   May,  July, 

do. 

2. 

27th  March  and  2d  Oct'r, 

Fourth  Monday, 

March,    do.     August,     do. 

Buckingham, 

3. 

5th  April  and  September, 

Second  Monday, 

Do.      do.         do. 

do. 

Cabell, 

18. 

27th  March  and  August, 

■  Fourth  Monday, 

Do.    June,      do. 

do. 

Calhoun, 

19. 

12th  April  and  Septembei*, 

First  Tuesday  after 

4th  Monday, 

Do.      do.         do. 

do. 

Campbell, 

3. 

18th  May  and  October, 

Second  Monday, 

Do.      do.         do. 

do. 

Caroline, 

8. 

1st  March  and  18th  Sept'r, 

Second  Monday, 

Feb'y,  May,       do. 

do. 

Carroll, 

16. 

MondHy  before  last  Monday 

in  March  and  August, 

First  Monday, 

March,  June,      do. 

do. 

Charles  City, 

6. 

ISth  May  ;Hnd  November, 

Third  Thursday, 

Do.    May,       do. 

do. 

Charlotte, 

3. 

25th  March  and  August, 

First  Monday, 

Do.     June,       do. 

do. 

Chesterfield, 

2 

7ih  May  and  I2th  Nuv'r, 

Second  Monday, 

Do.        do.         do. 

do. 

Clarke, 

13. 

12th  M;iy  and. October, 

Si-cond  Monday  in 
June  and  4th  iu 

other  months, 

Feb'y,   May,  July, 

Octo'r. 

Clay, 

15. 

Ist  April  and  September, 

Second  Monday, 

March,  June,  August, Novem. 

Craig, 

14. 

15th  Mwrch  and  August, 

Fourth  Monday, 

Do.       do.          do. 

do. 

Culpeper, 

10. 

Isf  Mondiy  June  and  Nov. 

Third  Monday, 

Do.     May,       do. 

do. 

Cumberland, 

3. 

5th  March  and  August, 

Pourrh  Monday, 

Feb'y,     do.    July, 

Octo'r. 

Danville, 

3. 

22d  Mnrch  and  August, 

Thursday  after  2d 

Monday, 

March,  June,  August,  Novem. 

Dinwiddie, 

2. 

20th  March  and  26th  Sept, 

Third  Monday, 

Do.     May,       do. 

do. 

Doddridge, 

19. 

22d  May  and  October, 

Fourth  Monday, 

Do.     Jnue,      do. 

do.  . 

Elizabeth,  City, 

6. 

15tli  March  and  September, 

Fourth  Thursday, 

Do.     May,       do. 

do. 

Essex, 

8. 

25th  April  and  12th  Nov'r, 

Third  Monday, 

Do.       do.          do. 

do. 

Fairfax, 

9. 

1st  Monday  June  and  Nov 

Third  Monday, 

Do.     June,      do. 

do. 

Fauquier, 

9. 

Tuesday  after  1st  Moirday 

in  April  and  September, 

Fourth  Monday, 

Do.     May,       do. 

do. 

Fayette, 

15. 

7th  June  and  November, 

Thursday  after  2d 

Tuesday, 

Do.     June,      do. 

do. 

Floyd, 

16. 

1st  Monday  April  and  Sept 

Thursday  after  3d 

Mondny, 

Do.      do.         do. 

do. 

Fluvanna, 

10. 

10th  April  and  September, 

Fourth  Monday, 

Do.     May,       do. 

do. 

Franklin, 

4. 

15th  May  and  October, 

First  Ml  m  day. 

Do.    June,      do. 

do. 

Frederick, 

13. 

10th  June  and  November, 

Monday  before  Ist 

Tuesday, 

Do.      do.         do. 

do. 

Fredericksburg, 

20th  May  an/ October, 

Second  Thursday, 

Do.       do.      Octo'r, 

Decern. 

Giles, 

15, 

Second  Monday, 

Do.       do.    August,  Novenio 

Gilmer, 

19. 

19th  April  and  September, 

Tuesday  after  3d 

Monday, 

Feb'y,     do.         do. 

do. 

Gloucester, 

6. 

13rh  April  and  October, 

First  Mrinday, 

March,  May,       do. 

do. 

Goochland, 

10. 

1st  April  and  September, 

Third  Monday, 

Do.       do.         do. 

do. 

Griiyson, 

16. 

4th  Monday  April  and  Sept, 

Fourth  Monday, 

Feb'y,     do.    July, 

do. 

Gre»-nlirier, 

14. 

Ist  May  and  October, 

Fourth  Monday, 

March,  June,  August 

do. 

Greene, 

10. 

3d  Monday  June  and  Nov. 

Wednesday  after  2d 

Monday, 

Do.      do.         do. 

do. 

Greenesville, 

1. 

28th  April  and  2d  Nov'r, 

First  Monday, 

Do.     May,       do. 

Octo'r, 

138 ., 


TIMES   AXD   PLACES   OF   COUETS. 


Counties 

Circuit  courts. 

County  and  corpora- 
tion courts. 
Monthly  terms. 

County  and  corporation 

and  corporations. 

When  terms  commence. 

courts.     Quarterly 

terms. 

Circuits. 

Halifax, 

3. 

1st  May  and  October, 

Fotjrth  Monday, 

HjuTch,  June, 
Do.      do. 

Aug't, 

Novem. 

Hampshire, 

13. 

1st  April  and  September, 

Fourth  Monday, 

do. 

do. 

Hancock, 

20. 

10th  March  and  August, 

Tuesday  after  2d 

Monday, 

Jan'y,  April, 

June,  October. 

Hanover, 

8. 

10th  March  and  26th  Sept 

Fourth  Tuesday, 

Feb'y;  April, 

July, 

Novem'r. 

Harrison, 

21. 

15th  April  and  September, 

First  Monday, 

March,  June, 

August,     do. 

Hardy, 

12. 

2Uth  April  and  September, 

Monday  before  1st 

■ 

Tuesday, 

Do.      do. 

do. 

do. 

Henrico, 

6. 

23d  April  and  October, 

First  Mooday, 

Do.     May, 

do. 

do. 

H(Miry, 

4. 

1st  April  and  September, 

Second  Monday, 

Do.     June, 

do. 

do. 

Highland, 

12. 

2d  May  and  October, 

Thursday  after  3d 

Monday, 

Do.     May, 

do. 

Octo'r. 

Isle  of  Wight, 

1. 

16th  May  and  18th  October, 

First  Monday, 

Do.     June, 

do. 

Novem. 

Jackson, 

18. 

2d  May  and  October, 

Second  Monday, 

Feb'y.     do. 

do. 

do. 

James  City  and 

Williamnburg, 

6. 

25fh  May  and  November, 

Second  Monday, 

March,    do. 

do. 

Octo'r. 

Jefferson, 

13: 

20th  May  and  October, 

Second  Monday  in 
June  and  October, 

3d  in  other  months. 

.    Do.      do. 

do. 

do. 

Kanawha, 

18. 

27th  May  and  October, 

Third  Monday, 

Fe.b'y.     do. 

do. 

Novem. 

King-  George, 

8. 

23a  March  and  12th  Sept. 

First  Thursday, 

March,    do. 

do. 

do. 

King  &  Qneen, 

8. 

2d  May  nnd  19th  Nov'r, 

First  Thursday, 

Do.     May, 

do. 

do. 

King  William, 

8. 

13th  May  and  25th  Nov'r, 

Fourth  Monday, 

Do.      do. 

do. 

do. 

Lancaster, 

8. 

15th  April  and  2d  Nov'r, 

Third  Monday, 

Do       do. 

do. 

do. 

Lee, 

17. 

2d  Monday  after  4th  Mon- 

day in  April  and  Sept'r, 

- 

Do.     June, 

do. 

do. 

Lewis, 

19. 

8th  May  and  October, 

Second  Monday, 

April,      do. 

do. 

Septem, 

Began, 

15. 

1st  Monday  after  4th  Mon- 

day in  April  and  Sept'r, 

Third  Monday, 

March,    do. 

do. 

Novem. 

Loudoun, 

9. 

4th  Monday  in  April  and  3d 

Mond;iy  in  October, 

Second  Monday, 

Do.       do. 

do. 

do. 

Louina, 

10. 

20th  April  and  September, 

Second  Monday, 

Do.      do. 

do. 

do. 

Lunenburg, 

o 

13ih  April  and  8th  Oct'r, 

Si'cond  Monday, 

Do.     May, 

do. 

do. 

Lynchburg, 

3. 

3d  June  and  November, 

First  Monday, 

Do.     June, 

do. 

Octo'r. 

Madison, 

10. 

1st  Mondny  Mar.  and  Aug. 

Fourth  Thursday, 

Feii'y,     do. 

do. 

do. 

Marion, 

21. 

lOtli  June  and  November, 

First  Monday, 

March,    do. 

do. 

Novem. 

Marshall, 

2<>. 

1st  May  and  October, 

Third  Monday, 

Do.       do. 

do. 

do. 

Matthews, 

6. 

6th  April  and  September, 

Second  Monday, 

Do.     May, 

do. 

do. 

Mason, 

18. 

18th  April  and  September, 

First  Monday, 

I'Vh'y,   June, 

.     do. 

do. 

Mecklenburg, 

2. 

2  1  April  and  i5th  Sept'r, 

Third  Monday, 

Do.     May, 

do. 

do. 

Mercer, 

15. 

27th  May  and  October, 

Thursday  after  2d 

Monday, 

March,  June, 

do. 

do. 

McDowell, 

17. 

1st  Monday  Mar.  and  Aug. 

Second  Monday, 

Do.      do. 

do. 

do. 

Middlesex, 

6. 

1st  April  and  October, 

Fourth  Wednesday, 

Do.     May, 

do. 

.do. 

Monongalia, 

20. 

1st  April  and  September, 

Fourth  Monday, 

Do.     June, 

do. 

do.  ■ 

Monroe, 

14. 

12th  Mav  and  October, 

Third  Monday, 

Do.      do. 

do. 

do. 

Montgomery, 

ifi. 

2d  Monday  in  Ap'l  and  Sep. 

First  Monday, 

Do.      do. 

do. 

do. 

Morgan, 

13. 

6tli  May  and  October, 

Fourth  Monday, 

Do.      do. 

Sept. 

do. 

Kansemond, 

15. 

ifith  Aijril  and  12tli  Oofr, 

.Spcond  Monday, 

Do.       do. 

Aug. 

do. 

Nelson, 

10. 

27ih  April  and  September, 

Fourth  Monday, 

Feb'y,   May, 

July, 

do. 

New  JCent, 

6. 

10th  May  and  November, 

Second  Thursday, 

March,    do. 

Aug. 

do. 

Nicholas, 

15. 

6th  April  and  September, 

Monday  before  2d 

Tuesday, 

Do.     June, 

do. 

do. 

Norfolk  city. 

1. 

Ist  June  and  15th  Nov'r, 

Fourth  Monday, 

Feb'y,  April, 

July,  October. 

Norfolk  county. 

1. 

Ikc  April  and  28th  Sept'r, 

Third  Monday, 

March,  June, 

Aug't 

Novem, 

Northampton, 

5. 

3il  Monday  in  Ap'l  and  .Sep. 

Second  Monday, 

Do.       do. 

Sept. 

do. 

Northumberland, 

8. 

9th  April  and  2Sth  Oct'r, 

Second  Monday, 

Do.     May, 

Aug. 

do. 

Nottoway, 

2. 

20th  April  and  15th  Oct'r, 

First  Thursday, 

Do.       do. 

do. 

do. 

Ohio, 

20 

10th  Mwy  and  October, 

First  Monday,' 

Feb'y,  July, 

Sept'r, 

Decern. 

Orange, 

10. 

Ist  May  and  October, 

Fourth  Monday, 

March*  May, 

Aug't, 

Novem. 

Page, 

12 

11th  April  and  September, 

Fourth  Monday, 

Feh'y,     dK 

July, 

do. 

Patrick, 

4. 

12th  April  and  September, 

Fourth  Monday, 

Do.       do. 

do. 

do. 

Pendleton, 

12. 

27th  April  and  September, 

Thursday  after  1st 

Tuesday, 

March,  June 

Sept'r 

,      do. 

Petersburg, 

2. 

22d  May,  16th  November, 

Third  Thursday, 

Do.      do. 

do. 

Decern. 

Pittsylvania, 

4. 

28th  May  and  October, 

Third  Monday, 

Do.       do. 

Aug. 

Novem. 

Pleasants, 

19. 

30th  May  and  October, 

Thursday  after  2d 

Monday, 

Feb'y,  May,  July,  October. 

Pocahontas, 

14 

23d  April  and  September, 

Fir.st  Tuesday, 

Mnrch,  June, 

Aug't 

Novem. 

Powhatan, 

2, 

2d  May  and  27t,h  October,  . 

First  Wednesday, 

Do.       di>. 

do. 

Octo'r. 

Preston, 

2\. 

18th  March  and  August, 

St'cond  Monday, 

Feb'y,-  May, 

July, 

Novem. 

Princess  Anne, 

1. 

25th  May  and  22d  Sept'r, 

First  Monday, 

March,  June, 

Aug. 

do. 

Prince  Edward, 

3 

15th  March  and  August, 

Third  Monday, 

Feb'y,   May, 

July, 

do.   . 

Prince  George, 

2 

l7th  May  and  12th  Nov'r, 

Second  Thursday, 

March,    do. 

Aug't 

do. 

Prince  William, 

9. 

2d  Monday  in  May  and  Oct. 

First  Monday, 

Do.     June, 

do.  . 

do. 

Pulaski,  . 

16. 

3d  Monday  April  and  Sep. 

Thursday  after  Ist 

Monday, 

Do.      do. 

do. 

do. 

Putnam, 

18. 

8th  April  and  Si>pteniber, 

Fourth  Monday, 

Do.      do. 

do. 

do. 

Raleigh, 

15. 

3  1  Monday  April  and  Sep. 

First  Monday, 

Do.       do. 

do. 

do. 

Baiidolph, 

21. 

26lh  May  and  October, 

Fourth  Monday, 

Do.      do. 

Ao. 

do. 

TIMES  AXD  PLACES  OF  COURTS. 


139 


Counties 

Circuit  courts. 

County  and  corpora- 
tion courts. 
Monthly  terms. 

County  and  corporation 

and  corporations. 

When  terms  commence. 

courts.     Quarterly 

terms. 

Circuits. 

Rappahannock, 

9. 

3d  Monday  in  March  and  1st 

Monday  in  October, 

Second  Monday, 

March,  May,  Augrnst 

Novem. 

Richmond  city, 

7. 

1st  May  and  November, 

Second  Monday. 

Jan'y,  Ap'l,  July, 

Oeto'r. 

Richmond  co. 

8. 

3d  April  and  23d  October, 

First  Monday," 

March,  May,  Angnst 

Novem. 

Ritchie, 

19. 

15th  AprU  and  September, 

Tuesday  after  1st 

■  Monday, 

Feb'y,  June,      do. 

do. 

Roane, 

18. 

17th  May  and  October,   . 

First  Monday, 

Jan'y,    Ap'l,  July, 

Sept'r. 

Roanoke, 

14. 

22d  March  and  August, 

Third  Monday, 

March,  June,  Aug't, 

Novem. 

Rockbridge, 

11. 

12th  April  and  September, 

Monday  before  1st 

Tuesdav, 

Do.      do.         do. 

do. 

Rockingham, 

12. 

11th  May  and  October, 

Third  Monday, 

Feb'y,  May,       do. 

do. 

Russell, 

17. 

4th  Monday  April  and  Sep. 

Tuesday  after  Ist 

Monday, 

March,  June,      do. 

do. 

Scott, 

17. 

3d  Monday  after  4th  Mon- 
day April  and  Sept'r, 

Tuesday  after  2d 

Mfciday, 

Do.      do.         do. 

do. 

Shenandoah, 

12. 

30th  March  and  August, 

Monday  before  2d 

Tuesday, 

Do.      do.         do. 

do. 

Smyth, 

17. 

1st  Monday  April  and  Sep. 

Tuesday  after  1st 

Monday, 

Do.      do.         do. 

do. 

Southampton, 

1. 

2d  May  and  7th  October, 

Third  Monday, 

Do.      do.         do. 

do. 

Spotsylvania, 

8. 

20th  May  and  6th  Oct..ber, 

First  Monday, 

Do.      'do.         do. 

do. 

Stafford, 

9. 

4th  Monday  Mar.  and  Sept. 

Third  Wednesday, 

Do.      do.         do. 

do. 

Staunton, 

_                   "_                   _ 

Wednesday  after  Ist 

Monday, 

Feb'y,  May,   July, 

Octor. 

Surry, 

1. 

10th  May  and  25th  Oct'r, 

Fourth  Monday, 

March,    do.     Angnst 

, Novem. 

Sussex, 

1. 

24th  April  and- 29th  Oct'r, 

First  Thu^^^day, 

Do.      do.    .     do. 

Oeto'r. 

Taylor, 

21. 

4tti  March  and  August, 

Fourth  Monday, 

Do.     June,      do. 

Novem. 

Tazewell. 

17. 

Last  Monday  Mar.  and  Aug. 

Wednesday  alter  1st 

Monday, 

Feb'y,  May,  July, 

Oeto'r. 

Tucker. 

21. 

22d  May  and  October, 

Third  Monday, 

M.<rch,  June,  Aug't, 

Novem. 

Tyler, 

20. 

22d  April  and  September, 

Second  Monday,  , 

Do.       do.          do. 

do. 

Upshur, 

21. 

4th  A|)rU  and  September, 

Third  Mondaj'', 

Do.      do.         do. 

do. 

Warren, 

12, 

25th  March  and  August, 

Third  Monday,    , 

Do.     May,       do. 

do. 

Warwick, 

6. 

21s»  March  and  September, 

Second  5Ionday, 

Do.     June,       do. 

Decern. 

Washington, 

17. 

2d  Monday  April  and  Sep. 

Fourth  Monday, 

Do.      do.         do. 

Novem, 

Wayne, 

18. 

20th  March  and  August, 

Tuesday  after  "ist 

Monday, 

Do.      do.         do. 

do. 

Webster, 

15. 

14th  April  and  September. 

Fourth  Tuesday, 

Do.      do.         do. 

do. 

Westmoreland, 

8. 

28th  March  and  18th  Oct'r, 

Fourth  Monday, 

April,    May,       do. 

do. 

Wetzel, 

20. 

12th  April  and  September, 

Tuesday  after  1st 

Monday, 

Feb'y,     do.      July, 

Oeto'r. 

Williamsburg, 

6. 

25th  May  and  November, 

Fourth  Mimday, 

M:irch,  June,  Aug't 

Novem, 

Winchester, 

_                   _                   _ 

First  Saturday", 

Do.     May,       do. 

do. 

Wirt, 

19. 

3d  April  and  September, 

Tuesday  after  4th 

Monday, 

Feb'y,  June,      do. 

do. 

Wise, 

17. 

1st  Monday  after  4th  Mon- 

day in  April  and  Sept'r, 

Fourth  Monday, 

March,    do.         do. 

do. 

Wood, 

19. 

5th  June  and  November, 

Tliird  Mcmday, 

Feb'y,     do.         do. 

do. 

Wyoming, 

15. 

4th  Monday  April  and  Sep. 

Friday  after  3d  Mon- 

day; 

March,    do.         do. 

do. 

Wythe, 

16. 

1st  Monday  May  and  Oct'r, 

Second  Monday, 

Do.      do.         do. 

do. 

York. 

6. 

26th  March  and  September, 

Third  Monday, 

Do.     May,       do. 

Oeto'r, 

RECEIPTS. 


1861. 

Oct.       1,  To  balance,  per  last  annual  report,  -  -        138,214  84 

31,  To  receipts  in  October  1861,  -  -  -        231,864  93 

Nov.   30,  To      do.      in  November  1861,  -  -  -        408,246  10 

Dec.    31,  To      do.      in  December  1861,  -  -  -      1,245,184  02 

.-    ■  -$2,023,509  89 

1862.  — ^— 

Jan.      1 ,  To  balance  brought  down,  -  -  -        717,91169 

31,  To  receipts  in  January  1862,  -  -  -        252,149  81 

Feb.    28,  To      do.      in  February  1 862,  -  -  -     1,094,432  67 

Mar.    31,  To      do.      in  March  1862,  -  -  -        492,603  06 

$2,557,097  23 


April    1,  To  balance  brought  down,  -  -  -  1,017,810  32 

30,  To  receipts  in  April  1862,  -  -  -  2,036,122  05 
May  31,  To  do.  in  May  1882,  -  -  -  222,34130 
June  30,  To      do.      in  June  1862,  -  -  -  155,125  30 

$3,431,398  97 

July     1,  To  balance  brought  down,  -  -  -  482,839  78 

31,  To  receipts  in  July  1862,  -  -  -  278^449  08 
Aug.  30,  To  do.  in  August  1862,  -  .  -  -  1,406,159  36 
Sep.    30,  To      do.     in  September  1862,  -  -  -  1,132,155  44 

$3,299,603  66 

Oct.      1.  To  balance  against  the  treasurer  this  day,  exclusive  of  the  funds 

under  the  direction  of  the  second  auditor,  =  -      $434,778  96 


DISBURSEMENTS. 


By  amount  of  warrajits  paid  in  October  186] , 
By  do.  do.  November  1861, 

By  do.  do.  December  1861, 

Balance  31st  December  1861, 


By  amount  of  warrants  paid  in  January  1862, 
By  ,do  do.  Febniary  1862.. 

By  do.  do.  March  1862, 

Balance  30th  March  1862, 


By  amount  of  warrants  paid  in  April  1862, 
By  do.  •  do.  May  1862. 

By  do.  do.  June  1862, 

Balance  30th  June  1862, 


By  amount  of  warrants  paid  in  July  1862, 
By  do.  do.  August  1862, 

By  do,  do.  September  1862, 

Balance  30th  September  1862, 


Total  amou&t  of  warrants  issued  by  the  auditor  from  the  1st  October  1861 

to  the  30th  September  1862,  inclusive. 
Add  warrants  No.  8316,  $  18  00^ 

8317,      84  25  I  Issued  prior  to  the  1st  October  1861, 
8327,      55  Do  I      and  paid  since  that  day, 
11472,      25  00  J 


.Deduct  w-arrmt3  No.  1806,  $5  12 

4259,  24  70 
6559,  19  00 

6625,  520  99 

6638,  21  00  )- 

6687,  25  00 
6752,  15  96 

6791,  100  00 

6847,  28  00 j 


284,274  65 
280,990  97 
740,332  58 
717,911  69 

$2,023,509  89 

284,6.32  56 
1,123,355  95 

131.308  40 
1,017,810  32 

$2,557,097  23 

2,279,868  57 
129,553  69 
539,136  93 

482,839  78 

$3,431,398  97 

190,838  34 

1,698,358  97 

975,627  39 

4.34,778  96 


Issued  prior  to  the  1st  October 
1862,  and  unpaid  on  the  morn- 
ing of  that  day, 


$3.299,603  66 

8,658,846  52 

182  25 

8,659,028  77 

759  77 


Paid  by  the  treasurer  in  the  fiscal  year  1861-62,  $8,6-58,269  90 


AudUor's  Office,  Dec.  16,  1862 


APPROPRIATIONS 


Cteneral  appropriations  for  £scal  year  ending  September  30,  1863 :         ^ 

Direct  appropriations,  ,  _  .  8,954,798  7i 

Estimated  atootint  not  specified,    ,  -  -  -  2,500  00 

Amount  included  in  general  appropriatiofis,  8,957,298  7 J 

Salt,  .  -  ■       -  -  -  .     -      1,600,000  00 

Other  appropriations,  -  -  -  -  2,980  44 

Total,  $9,960,279  15 

■■ 

This  does  not  include  money  refunded  Tinder  acta  for  refunding  money  received  for  ex- 
■emption  from  militarj-  duty. 


NDEX 


•  ADMINISTRATIONS. 

See  Wills,  &c. 


TO 


AGENCY  FOR  RECEIVING  AND  FOR- 
WARDING SUPPLIES  TO  VIRGINIA 
SOLDIERS. 

Act  establishicg,  50 

Agent,  how  appointed,  50 

Depot,  how  provided,  50-51 

Trtmspoitation,  51 

Dnty  of  agent  as  to  advertising,  51 

Salary  of  agent,  51 

Clerks,  51 

Soldiers,  when  detailed,  51 

Bond,  how  given,  51 

Remedy  against  agent,  5J 

Appropriation,  51 

AGENTS  FOR  RENTING  HOUSES. 

License  to,  18 

AGENTS  FOR  HIRING  NEGROES. 

License  to,  18 

AGRICULTURAL  PRODUCTIONS. 

When  taxed,  26-7 

AGRICULTURAL  PRODUCTIONS  AND 

SUPPLIES. 
Preamble  and  resolution  advising  as 
to  increase  of,  &c.  129-30 

AIDS  OF  GOVERNOR. 

Ordinance  as  to,  amended,  50 

Number  of  aids  governor  may  appoint,  50 

Who  to  receive  pay,  50 


ALCOHOL. 

Act  of  1862  i-epealed, 


87 


ALDERSON,  J.  IVL 

Act  for  relief  of  representative  of,  113 

Militia  fines  to  l»e  delivered  to  collector,  lTl3 

Sheriff  to  give  receipts,  1  i  3 

Auditor  to  charge  sheriff  with  amount,  1 13 


ALIENS. 

License,  when  to  issue  to, 

APPROPRIATIONS. 

Salary  of  clerk  of  sinking  fund, 

General  assembly, 

Elections, 

Judges, 

Prisoners,  jurors,  &c. 

Slaves  condemned, 

Expense8  of  penitentiary, 


34 


J.  W.  Hancock,  36 

Convicts,  &c.  35 

Mileage  to  officers  and  guards,  35 

Penitentiary,  35 

Records  court  of  appeals,  3.5 

Contingent  expenses  of  courts,  35 

Militia,  35 

Adjutant  general,  35 
Annuity  to  Virginia  military  institute,         35 

Military  contingent  fund,  35 

Public  guard,  35-6 

Interior  guard  at  penitentiary,  36 

Transportation  of  arms,  38 

Commissioners  of  revenue,  36 

Central  lunatic  asylum,  36 

Eastern  lunatic  asylum,  36 

Robert  Saiuiders,  &-c.  36 

Wm.  M.  Hume,                    *  36 

Lunatics  in  county  jails,  36 

Deaf,  dumb  and  blind,  36 

Pensions,  36 

Civil  prosecutions,  36 

Public  warehouses,  36 

Governor's  house,  36 

Capitol,  36 

Grattan's  Reports,  36 

Leigh's  Reports,  36 

Vaccine  agent,  37 

Messenger  in  auditor's  office, .  37 

Registration  of  marriages,  &,c.  37 

Printing,  37 

Temporary  clerks  in  auditor's  office,  37 

Commissions  to  sheriffs,  37 

New  river  navigation  company,  37 

Pages,  37 

Clerk  joint  committee  on  salt,  37 

Porter  of  senate,  37 

Fires,  furnaces,  &c.  37 

Temporary  loans,  37 

Interest  on  loans  for  war  tax,  37 

Interest  bearing  treasury  noteSj  37 

Naval  officers,  37 

Military  expenses,  37 

Auditiag  board,  37 

Virginia  state  line,  38 

Penitentiary,  raw  material  for,  38 

Kean,  Patrick,  38 

Hoyer  &  Ludwig,  33 

J.  D.  Pendleton  and  John  Bur\ve11,  38 

General  fund,  38 

How  disposed  of,  38 

Limitation  of  power  of  auditor,  38 

Payments,-  when  made,  38 
Table  showing,  at  adjourned  session,        142 

ARDENT  SPIRITS. 

License  to  distill  or  rectify,  13-14 


INDEX. 


Prohibition  of  sale  of, 


27 


■ATTACHMENTS  AGAINST  NON-EESI- 

DENTS. 
Act  to  enlarge  powers  of  circuit  courts  in.  77 
Sale  of  slaves,  how  ordered,  77 

How  made,  "  77 


ATTORNEYS  AT  LAW. 
Tax  on  license  to, 

BAGATELLE  TABLES. 

Tax  on  license  to, 

BANKS. 

Act  to  authorize  convQi-sion  of  Confede- 
rate treasury  notes  into  other  securi- 
ties, 

Code  amended. 

When  bank  may  loan  money, 

Interest, 

Loans,  how  regulated, 

Proviso  as  to  treasury  notes, 

BANKS  (RELIEF  OF). 
Act  to  amend  act  for. 
Act  1861  amended. 
Forfeiture  of  charter  suspended, 
Charter  to  remain  in  force, 
Proviso, 

BANKS  (CONTINGENT  FUND  OF) 

Act  'to  authorize  banks  to  increase  con 

tingent  funds. 
Code  amended, 
Rate  of  dividends, 
Surplus  fund, 
Limitation  of  surplus  fund, 


20 


13 


Tax  on, 


Tax  on, 


BANK  CHARTERS. 


BANK  DIVIDENDS. 


BANK  OF  EOCKINGHAJVf. 

Act  authorizing,  to  increase  contingent 

fund,- 
Act  to  amend  charter  of. 
Charter  amended, 
When  charter  to  expire. 
Treasurer  to  trausfer  certificates, 
Bond  and  security,  how  given, 
When  execution  may  issue, 
Denomination  of  notes, 
Quarterly  statements. 
Board  of  directors. 
Proviso  as  to  small  notes, 

BARBERS. 

Tax  on  license  to. 


10 


104 
104 
105 
105 
105 
105 
105 
105 
105 
105 
105 


21 


BILLIARD  TABLES. 

Tax  on  license  to,  12-13 

BIRTHS  AND  DEATHS. 
Act  to  amend  section  22  of  chapter  lOS 

of'Code,  58 

Code  amended,  58 

Duty  of  commissioner,  59 


Compensation, 

Duty  of  auditor  in  certain  cases, 

BONDS  OF  SHERIFFS. 

See  Sheriffs'  bonds.  / 

BOOK  AGENTS. 

Tax  on  license  to, 

BOWLING  ALLEYS. 

Tax  on  license  to, 


See  Canfield. 


BRAGG,  E.  W. 


BROKERS. 

Tax  on  license  to. 


59 
59 


17 
19 


BUILDING  FUND  ASSOCIATIONS. 

Act  allowing,  to  purchase  stock.  111 

Power  to  purchase  stock.  111 


BUEWELL,  JOHN. 

Appropriation  to. 


38 


CANFIELD,  E.  W.  AND  C  D.  BRAGG. 

Act  for  rehef  of,  J19 

CARRIAGES,  BUGGIES  AND  OTHER 

VEHICLES. 
Tax  on  license  to  sell,  20 

CENTRAL  LUNATIC  ASYLUM. 

Act  making  appropriation  to,  89-90 

CERTIFICATES  OF  STOCK. 

See  Chartered  companies. 


CHAMBERS,  GEO.  W. 

Act  for  relief  of. 

Preamble, 

Amount  appropriated. 


116 
116 
116 


Effect  of. 


CHANGE  OF  FIRM. 


CHARTERED  COMPANIES. 

Act  to  authorize  transfer  and  issue  of  new 

certificates  of  stock  in,     "  89 

When  property  sold  or  sequestered,  89 

New  certificates,  how  granted,  89 

Old  certificates  destroyed,  89 

When  to  report  to  auditor,  29 

CHANGES  IN  CODE. 

See  Freight  on  rail  roads. 

See  Tobacco  inspectors. 

See  Banks,  contingent  funds  of 

See  Births  and  deaths. 

See  Contested  elections. 

See  Virginia  military  institute. 

See  Printer  to  senate. 

See  Interior  guard  at  penitentiary. 

See  Officers  of  penitentiary. 

See  Sheriils'  bonds. 

See  Clerks  of  courts. 

See  Compensation  of  clerks  of  courts. 

See  Hospitals  (lands,  how  condemned  for). 

See  Circuit  courts,  special  terms  of 


INDEX. 


1^ 


CIRCUIT  COUETS  (SPECIAL  TERMS 

OF). 

Act  to  enlarge  powers  of,  69 

Code  amended,  69 

Trial  of  prisoner,  '        69 

Special  term,  69 

Trial  of  prisoner  at  special  term,  69 

CLERKS  OF  COURTS. 
Act  to  amend  Code  as  to  compensation 

of,  for  public  services,  63 

Cod-e  amended,  63 

Compensation  for  public  services,  63 

Corporation  of  Richmond,  63 

CLERK  OF  HUSTINGS  COURT  OF 
RICHMOND. 

Act  for  relief  of,  ^  116-17 

COLLATERAL  INHERITANCES. 

Tax  on,  7 

COLLINS,  C.  A.  J. 
Preamble  and  resolutions  for  demand  of, 
from  confederate  government,  124-25 

^    COMMISSION  MERCHANTS. 
Tax  on  license  to,  15 

COMMISSIONS  TO  SHERIFFS  AND 
COLLECTORS. 

On  licenses,  32 

COMMISSIONERS  OF  ELECTION. 
Resolution  giving  power  to  justices  to 
appoint,  in  certain  cases,  124 

COMMISSIONERS'  COMPENSATION.  • 

Other  than  fees,  31 


Tax  on, 


COMMON  CRIER. 


16-17 


COMPENSATION  OF  CLERKS  OF 
COURTS. 

Act  increasing,  during  war,  63 

Oode  amended,  63 

Clerk  of  county  or  corporation  court. 
Fee  for  recordation  of  writing,  63 

Recordation  of  plat,  64 

Courses,  64 

In  deed  book,  '  64 

Deed  of  trust  or  mortgage,  recordation  of,    64 
Sweariug  witnesses. 
Recordation  of  will. 
Order  as  to  decedent's  estates, 
Swearing  personal  representative. 
One  fee  where  more  than  one. 
Licenses  for, 
Marriage  license, 
Search, 
Certificate, 
Injunction  bond,  ^k 


Any  other  bond, 

Writ  of  ad  quod  damnum. 

Caveat, 

Summons  to  answer  bill. 

Any  other  summons, 

Copy  of  process, 

Kotmg, 

16 


64 
64 
64 
64 
64 
64 
64 
64 
64 
64 
65 
C5 
65 
65 
65 
65 
65 


Postage, 

Appearance, 

Filing  and  endorsing  petition, 

Depositions, 

Filing  papers  for  plaintiff, 

Filing  papers  for  defendant, 

Issuing  an  attachment. 

Scire  facias, 

Rules, 

Docketing, 

Swearing  jury  and  w  itnesses. 

In  case  no  jury  is  sworn, 

Svrearing  witnesses  diiring  attendance, 

Administering  oath, 

Judgments,  decrees,  &c. 

Docketing  judgments. 

Taxing  costs, 

Execution  returned  by  constable, 

Execution,  entry  of. 

Transcript  of  record. 

Copy, 

Annexing  seal, 

Code  amended. 

Clerk  of  a  circuit  court. 
Fee  for  writ  of  supersedeas. 
Bond, 

Endorsing  writ, 
Filing  record, 

Fee.s,  ickr.n  clerk  of  court  of  appeals. 
Issuing  process. 
Docketing,  &c. 
Judgments,  decrees,  &c. 
Orders,  issuing  execution,  &c. 
Damages,  taxing, 
Fees  in  cliancery  cases, 
For  issuing  attachments  in, 
Process, 
Exhibits, 

Exhibits  with  commissioner's  report. 
Filing  papers. 
Rules, 
Executions, 
Continuation  of  act. 


65 

65 
65 
65 
65 
65 
65 
65 
66 
66 
66 
66 
66 
66 
66 


66 
66 
67 
67 
67 

67 
67 
67 
67 

67 
67 
67 
67 
68 
68 
68 


68 
68 

m 
m 


COMPENSATION  OF  FIDUCIARIES. 

Act  to  provide  against  forfeiture  of,  Si 


CONFEDERATE  INSURANCE  COM- 
PANY. 

Company  incorporated. 

Insurance,  how  made. 

Money  received  on  deposit. 

Funds  to  be'invested  or  loaned. 

Power  to  purchase  and  hold  lands. 

Capital, 

How  payable, 

Management  of  company, 

Directors,  how  elected, 

President,  how  chosen, 

Term  of  office, 

Vacancy,  how  filled, 

Secretary,  how  appointed, 

Compeiisation  of  officers, 

Power  to  appoint  agents. 

Scale  of  voting. 

Power  to  transler  stock, 

Dividends, 

To  make  and  publish  report. 

Liability  of  member^,     . 

Books  of  subscription,  how  openec!, 


9B 


100 
1<M) 

im 

100 
100 
lOD 
TOO 


146 


INDEX. 


Board  to  give  notice,  101 

Act  to  auu-iiil  4tli  section  of  act  of  in- 

101 


corporation, 
Funds,  how  invested, 
Real  or  personal  estate, 


101 
101 


CONFEDERATE   STATES  TREASURY 
.    NOTES. 

What,  receivable  in  taxes,  33 
See  iJauks. 

CONFEDERATE   STATES   V^AR  TAX. 
'^ct  authorizing'  payment  of  interest  on 

bonds  given  ior,  39 

When  to  bear  interest,  3'J 

When  holders  entitled  to  interest,  39 

When  auditor  to  issue  viarrant,  39 

Eate  of  interest,  39 

CONTESTED  ELECTIONS. 

Act  to  extend  time  for  filing  complaint  in,  59 

Code  amended,  59 

Returns,  how  enquired  into,  59 

Complaint,  how  niade,                     '  59 

Duty  of  courts,  59 

Time  when  complaint  to  be  filed,  60 

Duty  of  clerk,  GO 

Proviso  in  case  of  justice  of  peace,  60 

CONTINGENT  FUNDS. 
See  Banks. 

•   CONTRACT  FOR  SUPPLY  OF  SALT. 
See  Stuart,  Buchanan  tt  Co.    ' 

COOK  SHOPS,  &c. 

Tax  on  license  to,  12 

COOLEY,  B.  B.  &  J.  W. 
/Act  authorizing  governor   to  deliver 

infant  slave  to,  115 
Act  ai!thorizing  sura  of  money  to  be 

,  paid  to,  for  slave  condemned,  115 

Amount  appropriated,  1 1 5 

CORPORATIONS. 

Tax  on  charters  of,  23 

COl'NCIL  OF  LYNCHBURG. 

Act  to  enlarge  powers  of,  107 

Powers  of  council  enlarged,  107 

Council  may  enact  ordinances,  1C7 

Persons,  wlien  to  be  arrested,       •  107 

Power  of  ofticers,  107 

Armed  police,  107 

COUNCIL  OF  RICHMOND. 

Act  to  enlarge  powers  of,  '  106 

Poweis  enlarged,                  _  106 

Council  to  enact  ordinances,  107 
Persons  to   be  aiTested   for  violating 

ordinances,  107 

Powers  of  officers,  107 

Armed  police  organized,  107 

COUNTY  COURTS. 

Act  to  extend  jurisdiction  of,                  -  78 

Act  of  1 8H'i  amended,  78 

Oitiinance  aiiii'rided,_      ■  79 

Jurisdiction  of  courts,  79 


Recordation,  '     79 

Wlien  no  tax  to  be  chjirgcd,  79 
Duty    of   clerk    of   circuit    court    of 

Richmond,  79 

Penalty,  79 

'Fees  and  postage,      -  .79 

COUNTY  OFFICERS  (ELECTION  OF). 

Act  to  provide  for,  76 
When  county  pievented  from  holding 

elections  for,  76 

Court  may  order  election,  77 

For  unexpired  terms,  77 

COURT  OF  APPEALS. 

Act  as  to  sessions  of,  80 

Mace  of  session  may  be  changed,  80 

Notice  of  ren!o\'al,  how  given,  80 

Removal  of  library,  &c.       '  80 

COURTS  OF  COUNTIES  IN  POSSES- 
SION OF  ENEMY. 

See  County  courts. 


DAGUERREIAN  ARTISTS. 

Tax  on  license  to, 


20 


DEDUCTION   FR''^M   COMPKNSATION 
OF  COMMISSIONER. 

When  made,  25 


Tax  on. 


DEEDS. 


DEPFTY  COLLECTORS. 
How  appointed, 

DISBURSEMENTS. 

Tables  showing, 


10 


33 


141 


DISCHARGE  FROM  ACTIVE  MILI- 
TARY SERVICE. 
Act  to  provide  foi',  of  persons  who  have 

furnished  Substitutes,  41 

AVhen  person  who  has  furnished  substi- 
tute exempt,  41 
When  entitled  to  discharge,  41 
Question  of  exemption,  how  determined,    41 

DIS'ilLLATION. 
See  Spirituous  and  malt,  liquors. 

DISTILLATION  OF  FRUIT. 

Act  for  relief  of  persons  engaged  in,  87 
When  person  may  appear,  87 
When  court  satisfied  as  to  failure  to  ob- 
tain license,  87 
Auditor  to  issue  warrant,  87-S 
Duty  of  sheriff,  88 
Duty  of  attoiuey  for  commonwealth,  88 

DISTRESS  FOR  RIO  NT  PAYABLE  IN 

•MONEY, 
annnding  Code  so  as 
to  exempt  tlie  property  of  persons  in 
the  military  service  fiom,  56 

Act  of  18t;i2  amended,  56 

No  legal  proceed  iugs  against  persons  in 

military  service, '  56 

Exception  as  to  criminal  cases,         '  56 


INDEX. 


147 


Exceptions, 

DISTRESS  FOR  TAXES- 

When  taxes  msij  be  distraijied  tor, 

DISTRICT  SCHOOL  HOUSES  IN 
HENRY. 

Act  authorizing  sale  of, 

Sale  autliorized, 

Power  of  court, 

Pi'oeteds  (if  sale,  how  disposed  of, 

Cmirt  to  appoint  coniuiissiur.ers, 

Boud  and  security  to  be  given, 


55  I  EXCHANGE  BANK.    . 

I  Act  antlioviziiig  branch  of  at  liichmond 
i      to  declare  a  divideiul, 
Coniributiou  iVum  other  branches, 


110 
110 

110 
110 
110 
110 


DIVIDENDS  OF  COMPANIES  NOT  IN- 

COttPOEATED  BY  THE  STATE. 
Tax  on,  5 

DIVIDENDS  OF  STEAM  BOAT  AND 

SUCH  LIKE  COMPANIES. 
Tax  on,  5 

DOMESTIC  MANUFACTURES. 
How  taxed,  27 


DOUBLE  TAX. 
When  to  be  imposed, 

DURATION  OF  SESSION. 
Resolution  as  to, 

ELECTION  LAWS. 

Act  to  provide  for  voting  by  persons  in 
military  service,  &k.  7 

Where  persons  in  camp  may  vote, 

Commissioners,  how  appointed, 

Polls  for  members  of  congress,  &c. 

Polls  for  governor,  «&c. 

Duty  of  commi.ssiouers. 

Polls,  where  sent, 

Refugees,  where  to  vote, 

Oath  to  be  taken, 

Poll  books,  how  transmitted, 

Code  amended, 

Duty  of  commissioners, 

Certificate,  how  written, 

When  ofHcers  to  meet. 

Returns,  how  compared, 

Notice  given. 

Special  elections. 

Certified  statement  to  secretary  of  com- 
monwealth. 

Duty  of  secretary  of  commonwealth, 

In  case  of  tie,  governor  to  decide, 

Duties  of  governor  under  ordinance, 

Proclamation  of  governor,  how  niade, 

Request  to  president. 

Result  of  vote,  how  forwarded, 

See  Elections  of  senators,  &c. 

See  Representation  for  counties. 


25 


123 


1-75 
72 
72 
72 
72 
72 
72 
72 
7:i 
7:i 
73 
73 
73 
73 
73 
73 
73 

73-4 
74 
74 

74 
74 
74 

74 


ELECTIONS  OF  SENATORS  AND 
DELEGATES. 

Act  to  prescribe  mode  of  certifying, 

&c.  of 
When  commissioners  to  meet. 
Code  suspended, 


75 


83 
83 


EXEMPTION  FROM  MILITARY  DUTY 

See  Money  received  for. 

Sire  Dischartje  from  active  service. 


ELECTION  OP  COUNTY  OFFICERS. 

See  County  officers. 


Tax  on, 


EXPRESS  COMPANIES. 


8-9 


FARMVILLE  INSURANCE  COMPANY. 
Act  to  incorporate,  93-95 

Ci'mpany  iucorp. 'rated,  93 

In.suiance,  how  and  upon  what  made,  93 

Money  received  uu  deposit,  93 

Investments,  how  made,  93 

Capital  stovk,  94 

Htav  payable,  94 

Affairs  of  company,  how  managed,  94 

Officers,  how  appointed,  94 

Agents,  94 

Scale  of  voting,  94 

Dividends,  how  declared,  94 

Responsibility  of  stockholders,  95 

Conimis.sioners,  95 

Restriction  as  to  bank  notes,  95 

FEES. 
See  Jailors'  fees,  and  Compensation  of  clerks 

FENCE  LAW. 

Act  of  18G2  amended,  9* 

First  section  amended,  90 

Second  section  amended,  90 

Power  of  courts,  90 

Aiits  of  county  courts  logalized,  90 

FIDUCIARIES. 

Act  aufliorizing,  to  invest,  funds  in  cer- 
tain cases,  81 
When  fiduciary  may  invest  funds,  8i 
In  what  funds  may  be  invested,  81 
As  to  joint  tidnciaiies,  8J 
Continuance  of  act,  61 
See  Compensation  of. 

FLOYD.  MA  J.  GEN.  J.  B. 

Thanks  to  Gen.  Floyd,  125 

Thanks  to  ofScers  and  men,  125 

FORMS  FOR  TAX  PAYERS. 

When  to  be  furnished,  24 

FREIGHTS  ON  RAIL  ROADS. 

Act  requiring  rail  road  companies  to 

give  receipts  showing  weight  of,  57 

Cede  amended,  57 
Rates  of  transportation  on  persons  and 

produce,                                            •  57 
Rates  when   articles  weigh  less   than 

four  pounds,  57 

Receipts,  how  given,  57 

Weiglit  shown,  57 

Charge,  for  what  made,  57 


Taxes  on, 


FREE  NEGROES. 


1:48 


INDEX. 


GAS  LIGHT  AND  OTHER  COMPA- 
NIES. 
Tax  on  charters  of,  1 1 

GENERAL  ASSEMBLY. 
Act  to  secure  representation  in,  71 

When  senators  or  delegates  may  be 

admitted,  71 

When  ■writ  to  be  issued,     '  71 

See  Elections  of  senators  and  delegates. 
See   Representation  for  counties   when 

courthouses   in  possession  of  public 

enemy. 

GENERAL  AUCTIONEERS. 

TAxes  on  license  to,  15 

GLEE  CLUB. 
See  Harmonic  association. 

GORDON  &  BROTHER. 
A-Ct  for  relief  of,  115 

GRAZIERS  BANK. 

See  Northwestern  Bank. 


HANCOCK,  J,  W. 
Appropriation  to, 


35 


HARMONIC  ASSOCIATION. 

Act  incorporating.  111 

G  om  pany  i  n  corporated ,  111 

Mights,  powers,  &c.  112 

Property  to  be  held,  112 

HASKINS,  JOHN,  SEN. 

Act  concerning  estate  of,  117 

Act  of  1839  amended ;  stock  how  sold,  117 

Investments,  how  made,     .  118 

HAWKERS  AND  PEDDLERS. 

Ta^  on  license  to,  ,  35 

HENRY  COUNTY. 
See  District  school  houses. 

HOME  GUARD. 

Act  of  1862  as  to,  amended,  47 

Guard  duty  of,  47 

Deserters,  how  arrested,  47 

When  major  may  be  elected,  47 
Proviso  as  to  troops  being  sent  out  of 

county,  47 

HORSES  AND   MULES,  SOLD    FOR 

PROFIT. 

Tax  on  license,  20 

HOSPITALS  (LAND,  HOW  CONDEMN- 
ED FOR). 
Act  authorizing  county  courts  to  con- 
demn land  for,  69 
Code  amended,  69 
Powers  of  court  or  council,  69 
ILands  and  houses,  how  condemned,  69 
iiimitation,  69 
Proviso  as  to  dwelling  houses,  69 


HUME,  W.  M. 

Act  for  relief  of,  118 

Appropriation,  118 

Amount,  118 

Appropriation  to,  36 

IMPRESSMENT. 

Preamble  and  resolution  of  instruc- 
tion to  senators  as  to,  123-4 

IMPRESSMENT  OF  SLAVES. 
See  Public  defence,  and  46-7 


INCOME. 


Tax  on, 


INSOLVENTS. 
Taxes  of,  how  collected, 


5-6 


28. 


HOYER  &  LUDWIG. 
Appropriation  to, 


INSPECTION  OF  FLOUR. 

Established  at  Danville,  ^  9S 

INSPECTOR  OF  SALT. 
Act  to  authorize  appointment  of,  55-6 

Inspector,  how  appointed,  '  55 

Salt  to  be  inspected,  55 

Rules  and  regulations,  how  prescribed,  55 

Deputies,  how  appointed,  56 

Repealing  clause,  56 

INSPECTION  OF  TOBACCO. 

Established  at  Danville,  91 

'     INSURANCE  COMPANIES. 

Tax  on  license  to,  20 

INSURANCE  AND  SAVINGS  SOCIETY 
OF  PETERSBURG. 

Act  to  incorporate,  95 

Company  incorporated,  95 

Privileges  of  company,  96 

Capital  stock,  96 

How  paid,  9G 

Meeting,  when  called,  96 
President  and  directors,  how  appointed,      96 

Management,  96 

Vacancies,  how  filled,  96 

Quorum  in  meetings  of,  96 

Compensation  of  president,  97 

Secretary  and  officers,  how  appointed,  97 

Bo'nd  and  security  to  be  given.  97 

Assignment  of  stock,  97 

Authority  to  make  insurance,  97 

Money  received  on  deposit,  97 

Proviso  as  to  bank  notes,  97 

Effect  of  policies  of  insurance,  97 

Dividends,  how  declared,  97 

General  meetings,  98 

Agents,  how  appointed,  98 

Corporation  subject  to  repeal,  98 

INTERIOR  GUARD  AT  PENITEN- 
TIARY. 

Act  increasing  compensation  of,  61 

Code  amended,  61 

Compensation  of  guard,  61 


INTERNAL  IMPROVEMENTS. 
38   Taxou,  7-8 


INDEXo 


14^ 


JAILORS'  FEES. 

Act  concerning,  80 

Act  of  1B62  amended,  80 

Jailors'  fees,  80 

Powers  of  courts,  80 

JAILS  OF  THE  STATE. 
Act  as  to  use  of,  by  confederate  govem- 

ment,  51 
When  persons  arrested  under  confede- 
rate laws  may  be  committed,                51-2 

Proviso,  52 

I'ees  of  jailors,  52 

Duty  of  jailors,  52 

Continuance  of  act,  52 

JUDICIAL  CIRCUIT  (FOURTEENTH). 

Act  changing  terms  of  courts  in,  77 

Act  of  J854  amended,  77 

Terms  of  courts,  77 


JUNIOR  MAJORS. 
Act  for  payment  of, 
When  to  be  paid,, 

KEAN,  PATRICK. 
Appropriation  to, 

LAIDLEY,  JAMES  M.  &  AL. 
Act  for  relief  of, 

Auditor  authorized  to  make  settlement, 
Damages  released, 
Auditor,  when  to  refund, 

LANDS  AND  LOTS. 


49 
49-50 


113 
113 
113 
113 


Officers  of  separate  military  organiza- 

tims. 
See  Junior  majors. 


49 


Taxes  on, 

I.ICENSES. 

To  whom  not  to  issue,  21 

How  granted,  27 

Prohibition  of  sale  of  ardent  spirits,  &c.  27 

LICENSED  PRIVILEGE. 
Where  exercised,  ,  24 

LIMITATION  OF  LICENSE. 
License,  how  limited,  24 

LITTLETON,  THOMAS. 

Act  for  relief  of,  116 

Preamble,  116 

Auditor  to  pay  account,  116 

LISTS. 

How  made  out,  and  for  whom,  31 

LIVELY,  E.  H.* 
Appropriation  to,  36 

LIVERY  STABLES. 
Tax  on  license  to,    '  13 

LYBROOK,   S.  E. 
Act  for  relief  of,  1 19 

LYNCHBURG. 

See  Coundl  of. 

MAJOR. 
Act  allowing  but  one  to  a  regiment,  49 


MANUFACTURING  COMPANIES. 
Tax  on  charters  of,  10-11 

MANUFACTURERS  OF  PORTER,  ALE 

AND  BEER. 
Tax  on  license  to,  19 

MATTHEWS,  T.  S.  A. 
See  Laidley,  James  M. 

MEDICINES. 
License  for  sale  of,  17 

MERCHANTS. 
License  to  sell  ardent  spirits,  '    14-15 

MERCHANT  WHO   IS   A  BEGINNER. 

Tax  on  license  to,  26-9 

MERCHANT  TAILORS. 
Tax  on  license  to,  15 

MILL  SWAMP  PRECINCT. 
Act  establishing,  in  Isle  of  Wight,  119 

MINERS  AND  MANTJFACTURERS. 

License  to,  and  tax  on,  21-23 

MISDEMEANORS. 
Act  to  extend  time  for  prosecution  of, 
in  certain  cases,  78 

MONEY  RECEIVED  FOR  EXEMPTION 

FROM  MILITARY  DUTY. 

Act  to  refund,  47 

Preamble,  47 

When  money  to  be  refunded,  47-8 

When  sheriii"  may  refund,  48 

Act  of  1863  amended,  48 

When  auditor  to  issue  warrant,  48 

Costs,  48 

Act  q6»1853  amended,  49 

When  warrant  to  issue,  49 


NEGRO   AUCTIONEERS. 
Tax  on  license  to, 


16 


NORTHWESTERN  BANK  AT  JEFFER- 
SONVILLE. 

Act  amending  act  converting,  into  sepa- 
rate bank,  84 

Act  of  1862  amended,  84 

When  loyal  stockholder  may  demand 
transfer,  84 

Certificate  of  stock,  how  returned  and 
assigned,  84 

OATH  TO  SUPPORT  USURPED 
GOVERNMENT.  ^ 

Act  concerning  officers  of   state  who 

have  taken,  88 

What,  when  oath  taken  by  officer,  88 

Acts  to  be  void,  88 

To  whom  act  applies,  88 

Oath  or  affirmation,  how  taken,  88 

Record  evidence  not  required,  89 


150 


INDEX. 


OFFICEKS  OF  PENITEXTIAEY. 

Act  iucivasiiig  [<H!aiii;b  ot  certain,  61 

Code  amenLled,  61 

Salary  of  supeiintendent,  CI 

.Salary  of  assistants,     •  61-2 

Salary  <A'  surgeon,  6'-^ 

Directors,  •         6:^ 

Clerk,  salary  of,  ^       ,fi2 

Time  act  continues,  62 


OliDIS^ARIES. 

Tax  on  license  to, 


12 


OUTLINE  OF  TAX  BILL. 

Eesolutiou  dire>ctitig  auditor  to  prepare,     128 

PARIS,   WILLIAM, 

Act  for  relief  of  securities  of,  114 

Act  amending  act,          .  114 

Relief  to  securities ;  damages  refunded,  114 

Act,  how  construed,              .  '  114 

Money,  liow  refunded,  114 

PASSPORTS  FOR  MEMBERS. 

Resolution  requesting  governor  to  ap- 
ply for,  123 

Governor  requested  to  apply  for  pass- 
ports for  state  officers,  123 


PATENT  RIGHTS. 

Tax  on  license  to  sell, 

PENALTIES. 
For  failure  to  obtain  license. 
How  recoverable. 


17 


PENDLETON,  J.  D. 

Appropriation  to,  38 

PERSONAL  PROPERTY. 
Taxes  on,  3-4 

What  exempt  from  taxation,  29-30 

PHYSICIANS  AND  OTHERS. 
Tax  on  license  to,  20 

.PIERCE,  W.  H. 

Appropriation  to,  35 

POPULATION  OF  COUNTIES,  CITIES 

AND  TOWNS. 
How  estimated,  29 

PRINTER  TO  SENATE. 

Act  amending  Code,  to  compensate,  61 

Code  amended,  61 

Animal  salary  of  printer,  61 

Extra  work,  when  paid  for,  61 

PRIVATE  CORPORATIONS. 
Tax  on,  11 

.PRIVATE   ENTERTAINMENT. 
Tax  on  license  for,  11 


PROFITS. 


Tax  on, 


6-7 


PROSPECT  TAN-YARD  COMP.VNY. 
Act  to  incoiporale,  104 


Company  incorporated, 

Name  ot  compali3', 

liights  and  pnviiegcs, 

Pu^\  er  to  piuehase  real  estate, 

Capital, 


Taxes  on. 


PUBLIC  BONDS. 


104 
104 
104 
104 
104 


4 


PUBLIC  DEFENCE  (SLAVES). 
Act  to  provide  for,  42-46 
Act  of  18j2  ameiided,  42 
Slaves,  how  called  into  service  of  Con- 
federate htates,  42 
Time  of  service,  42 
How  apportioned,  42 
When  governor  may  exempt  counties,  42 
Persons,  Imw  exempted,  42 
Jlontlily  allowance  fur  slaves,  42 
Value  of,  when  paid   by  confederate 

gi>\'crnment,  42 
Ciiiiipeusation  for  injuries,  42-3 
Burden  of  proof,  i'i 
Hired  slaves,  how  regarded,  43 
Notice  of  lequisition,  43 
I^y  of  clerks  of  courts,  43 
LiPy  of  sheritls,  *  43 
Number  of  slaves  subject  to  requisi- 
tion, how  ascertained,  43' 
Apportionment,  iiow  made,  43 
Proviso  as  to  soldiers  and  widows,  43 
When  slaveliolder  not  exempted,  43 
How  slaves  delivered,  44 
When  returned,  44 
How  seized,  and  when,  44 
ILxpen.ses.  how  paid,  44 
Fine  for  withholding  slaves,  44 
Sheriff  to  report  delinquents,  44 
Fine  and  execution  therefor,  44 
Detail  of  slaves,  how  made,  44 
Lierk  and  sheriff  to  attend  court,  44 
Duty  of  clerk,  44 
Duty  of  governor,  45 
Number  of  slaves,  45 
Receipts,  how  given,  45 
Fee  ot  sheriff,  45 
Requisition  to  be  equalized,  45 
When  number  and  time  of  service  to  be 

forwarded,  45 
Slaves    to  be   in  charge  of  overseer  or 

agent,  45 

How  discharged,  46 

Subsistence,  46 

Slaves  sent  voluntarily,  46 

Act  to  be  communicated  to  president,  46 

Twelfth  section  of  act  amended,  46 

How  amended,  46 

As  to  impressments,  46 
Title  amended,  46-7 
Resolutions  suspending  act  of  1862  as 

to  certain  counties,  122 

PUBLIC  POLTST)  IN  HENRICO. 

Act  authorizing  establishment  of,  110 

Uourt  to  establish  public  pound,  110 

What  animal.-,  to  be  conliucd,  HO 

Keepers  to  be  iippointed,  110 

Lxi)eiises,  how  defrayed,  JIO 

Fines  impo.sed,  110 

When  stock  to  be  sold,      ,  111 


INDEX. 


151 


Where  fo  be  sold,  111 

H(!w  bills  (if  expenses  to  be  assessed,  1 11 

Wliiit  iuiiount  to  be  paid  owners,  1 1 1 

Proviso,  .  •  HI 


PUBLIC  SPIOWS,  &c. 
Tax  on  license  to, 


19 


EANDOLPH  MACOX  COLLEGE. 

Act  amending  act  authorizing  a  njiliUuy 

scliool  at,  ■  lOy 

Act  UMieiidcd;  section  as  amended,  K'9 

REAL  ESTATE  AUCTIOKEEES. 
Tax  ou  license  to,  16 

EECEIPTS  IN  TREASURY. 

Tables  showing',  ■  140 

RECORD  OF  NAMES  AND  DEEDS  OF 
CONSI'IUUOUS  MKRIT  OF  VIRGI- 
NIANSIN  MILITARY  SEiiVICE. 

Resolutions  authorizing  county  courts 
to  pre))are,  130 

Court  authorized  to.  purchase  and  pre- 
seive  book  ot  record,  130  i 

Adjutant  general  to  prepare  books,  .  130  j 

REDRESS  AGAINST  NEW  ASSESS-    i 
MENTS.  1 

See  "  26 

REFRESHMENTS  IN  THEATRES. 

Tax  on  license  tor  sale  of,  18 

REPORTS  OF  CHARTERED  COM- 
PANIES. 

When  to  be  made  lo  auditor,  29 

REPRESENTATION  FOR  COUNTIES, 
COURTH(;USES  BEING  IN  POSSES- 
SION OF  THE  ENEMY. 

•  Act  to  provide,  75-6 

Where  districts   partially  in  power  of 

enemy,  75 

Wlien  elections  cannot  be  held  atcomi- 

houses,  what,  76 

Duty  of.  conductor,  76 

Dury  of  secretary  of  commonwealth,  76 

Time  within  which  to  peilorui  duties,  76 

RICHMOND. 

See  Council  of. 

RICHMOND  IMPORTING  AND  EX- 
,    PORTING  COMPANY. 

Act  to  incorporate,  102 

Company  incorporated,  Wi 

Corporate  name,-  102 

Capital,  102 

Atfairs  of  company,  how  managed,  1 U2 

Proviso,  102 

Act  amending  act,   -  103 

Company  incorporated,  103 

Corporate  name ;  powers,  103 

Cnpital,  103 

Aflairs,  lioW  managed,                    '  103 

ROANOKE  VALLEY  RAIL  ROAD.  _ 

Act  for  sale  of,  85 


Power  to  sell,  85 

Notice  of  sale,  85 
Sale  subject  to  approval  of  board  of 

public  works,  85 

Proviso  as  to  validity  of  sale,  85 

Proceeds  of  sale,  85 

ROCKBRIDGE  INSURANCE 
COMPANY. 

Att  to  amend  charier  of,  101 

Act  of  18.81  amended,  101 

Twelfth  section  amended,  102 

SALE  OF  ARDENT  SPIRITS  IN 

THEATRES. 

Tax  on  license  for,  18-19 

SALE  OF  PORTER,  ALE  AND  BEER. 
Tax  on  license  for,  19 

SALT  (PRODUCTION  AND  DISTRI- 
BUTION OF). 
Act  to  provide  for,  52-55 

Superintendent  of  salt  works,  52 

How  elected,  52 

How  removable,  52 

Bond,  how  given,  52 

III  case  of  vacancy,  52 
Duties  of  superintendent,     ,                    52-3 

Powers  of,  53 

Board  of  supervisors,  53 

Leases,  how  confirmed  and  continued,  53 

Exception,  53 

Other  furnaces,  53 

.Assistants,  how  appointed,     ■  53 

Salaries  of,  53 

Control  of  transportation,  53 

Salt,  how  distributed,         ^  53 
Value  of  impressed  property,  bow  ascer- 
tained,                                                     53-4 

Duty  of  assessors,  54 
How,  in  case  owner  refuse  to  appoint 

assessor,  54 
Assessors  of  real  property,  how  appoint- 
ed, 54 
Appeal,  when  allowed,  54 
No  injunction  to  be  graoted,  ,  54 
Valuation,  how  paid,  54 
Salt,  liow  sold  and  delivered,  54 
Price,  how  tixed,  54 
Surplus,  how  disposed  of,  .  5.5 
Monthly  reports  of  superintendent,  55 
Monthly  reports  of  board  of  supervi- 
sors, .  55 
Amount  appropriated,  .  55 
Repealing  clause,                ^                   -  55 


'SAMPLE  MERCHANTS. 
Tax  on  license  to. 


17 


SAVINGS  BANKS  AND  INSURANCE 

COxMPANIES. 

Taxes  on,  5 

SAVINGS  INSTITUTIONS. 
Tax  on  charters  of,  11 

SAUNDERS,   ROBERT. 
Appropriation  to,  36 


25S 


INDEX. 


Tax  on, 


SEALS. 


9-10 


SENATORS  AND  DELEGATES. 
See  Election  of.  '  , 

SEPARATE    ELECTION  PRECINCTS. 

See  Table  of,  131-6 

SEQUESTRATION  LAWS. 

Tax  on  estates  passing  under,  7 

SERGEANTS  OF  RICHMOND  AND 
PETERSBURG. 

Act  for  relief  of,  117 

Relief  granted,  117 

Amount  appropriated,  117 

Proviso,  117 

SHERIFFS'  BONDS. 

Act  concerning,  62 

Code  amended,  62 

Bonds  of  slieriffs,  &c.  62 

Amount  of  bond,  62 

When  security  deemed  insufficient,  62 

Auditor  may  petition,  62 

New  bond,  63 

When  court  to  remove  officer,  63 

SHERIFFS'  COMMISSIONS. 

On  taxes  other  than  licenses,  30-31 


SLAVES. 

Bought  or  sold  for  profit, 

Number  of,  escaping  to  enemy,  how 

ascertained, 
See  Public  defence. 


21 


34 


SLAVES  AND  SIMILAR  SUBJECTS'. 

How  taxed,  25 

SOUTHERN  FEMALE  COLLEGE  OF 
PETERSBURG. 

Act  to  incorporate,  108 

In.stitution  incorporated,  108 

Trustees  to  hold  property,  108 

How  managed,  108 

Quorum,  .  108 

How  vacancy  filled,  108 

Treasurer  to  receive  moneys,  108 

To  give  bond,  109 

Amcmnt  of  joint  stock  subscription,  109 

Dividends,  109 

Power  to  collect  subscriptions,  109 

SOUTH  SIDE  R-AIL  ROAD  COMPANY. 

Act  to  convert  into  stock -interest  due 

by,  to  state,  86 
Amount  of  interest  to  be  converted,  86 
Proviso  as  to  preferred  stock,  86 
Time  of  commencement  and  comple- 
tion of  work,  86 

SPIRITUOUS  AND  MALT  LIQUORS. 

Act  to  amend  act  of  1862,  86 

Distillation  prohibited,  86 

Penalties,                                        •  87 

Proviso  as  to  existing  contracts,  87 
See  Alcohol. 


SPOTSYLVANIA  COUNTY. 

Act  to  legalize  proceedings  of  court  of,  106 

Preamble,  106 

Proceedings  legalized,        .                     -  106 

STATE  TROOPS  AND  RANGERS. 

Act  transferring,  to  confederate  govern- 
ment, 39-41 

Govtirnor  directed  to  transfer,  39 

Under  what  acts,  39 

When  rangers  may  elect  major,  39 

Company  officers,  how  elected,  40 

Battalions  and  regiments,  how  formed,  40 

Field  officers,  how  chosen,  40 

Battalions,  when  formed,  40 

What  field  officers  discharged,  40 
How  regiments,  &c.  mustered  into 

service,  40 
How  received,  40 
Who  may  be  discharged,  40 
Inventoiy  of  arms,  &c.,  how  taken,  40 
How  transferred  to  confederate  govern- 
ment, 40 
I  Staff  officers,  how  appointed,  40 
I  Arms,  &c.,  how  valued,  40 
I  Valuation,  how  paid  by   confederate 
I      government,  41 
Enlistments,  when  to  cease,  41 
Payments  of  troops  not  allowed  after 

transfer,  41 
When  pay  and  rations  not  to  be  received,  41 

STALLIONS. 

Tax  on  license  to  owners  of,  18 

STATEMENT  OF  RAIL  ROAD 
OFFICERS. 

How  made,  8 

STUART,  BUCHANAN  &  CO.  (SALT). 

Resolution  confirming  contract  with,  126 
Contract,                                                127-29 

Parties,  127 

Term  of  lease,  127 

Description  of  real  property,  127 

Furnaces,  127 

Salt  water,  128 

Personal  property,  128 

Ways  to  furnaces,  128 

Arbitration,  128 

Payments,  how  made,  128 

Signatures,  129 

Contract  confirmed,  129 

SUBSTITUTES. 

See  Discharge  from  active  military  service, 


SUITS. 


Tax  on, 


SUTLERS. 

Tax  on  license  to, 


28 


TAXES. 

Act  imposing,  3-34 

On  persons  and  property, 
Bank  charters,  tax  on,  10 

Bank  dividends,     "  4 

Bonds,  public,         "  4 

Charters  of  gas  companies,  &,c.,  tdx  on,    11 
\ 


INDEX. 


153 


Charters  of  maQufacturing  companies, 

tax  ou,  10-11 

Chartevh  of  private  corporations,  tax  on,     1 1 
Charters  of  savings  banks,  "  11 

Collateral  inheritances,  "  ■  7 

Deeds,  _  "  10 

Dividt^nds   of   companies  not  incorpo- 
rated by  this  state,  tax  on,  5 
Dividends  of  steam  boat  and  such  like 

companies,  tax  on,  4-5 

Estates  secjuestered,  tax  on,  7 

Express  companies,       "  8-9 

Free  negroes,  "  4 

Income,        '  "  5-6 

Internal  improvement  companies,  tax  on,  T-t' 
See  Statement  of  rail  road  otiicers. 
Lands  and  lots,  taxes  on,         ,  3 

Personal  property,     "        •  3-4 

Profits,  "  6-7 

Kate  of  taxes  on  profits,  6-7 

Redress  against  erroneous  assessment,  6 

Savings  banks  and  insurance  companies, 

taxes  on,  5 

Seals,  9-10 

Suits,  9 

Statement  of  rail  road  officers,  8 

Toll  bridges  and  ferries,  taxes  ou,  7 

Transfer  of  state  stock,  "  10 

Unorganized  companies,         "  11 

White  males,  "  4 

Wills  and  administrations,      "  lU 

Licenses. 
Agents,  book,  17 

Agents  for  hiring  negroes,  38 

Agents  for  leuting  houses,  18 

Ardent  spirits,  to  distill  or  rectify,  13-14 

Attorneys  at  law — See  Physicians. 
Auctioneers,  general,  15-16 

Auctioneers  of  negroes,  16 

Auctioneers  of  real  estate,  16 

Auditor,  pow«r  of,  to  reform  assessments,  23 
See  Miners  and  manufacturers. 
Bagatelle  tables,  13 

Barbers,  21 

Billiard  tables,  12-13 

Bov/liug  alleys,  12 

Brokers,  *    ,  19 

Carriages,  buggies,  &c.  20 

Certiticate  ot  commissioner,  when  license,  23 
Conunis^ion  merchants,  15 

Conunissiouer  to  return  obligations  to      • 

auditor,  when,  22-3 

Commissioner,  when  liable,  23 

See  jSliners  and  manufacturers. 
Common  crier,  1(5 

Cook  shops  and  eating  houses,  12 

Daguerreiau  artists,  20 

Hawkers  and  peddlers,  2J 

Jlorses,  mules,  &c.  sold  for  profit,  20 

Insurance  companies,  2U 

License,  to  whom  not  to  be  issued,  21 

License  to  commence  business  as  manu- 
facturer, 22-3 
Livery  stables,  13 
Manufacture  of  porter,  &c.  19 
Medicines,  17 
Merchants,  ■  14 
Merchant's  commission,  15 
Merchant's  license  to  sell  ardent  spirits,  14-15 

Merp.hn.Tifa    Kfl.mnlo  17 


Merchant  tailors,  15 

Miners  and  manufaetirrers,  21-2 

Penalty  for  failure  to  obtain  license.  22 

Rate  of  taxation  on,  22 

License  to  commence  business,  22 

How  enforced,  .      23 

Certificate,  when  license,  23 

Tax,  when  quadrupled,  23 

Assessment,  how  reformed,  ,         23 

Commissioner  liable  for  false  certificat?,      23 
Ordinaries,  12 

Patent  rights,  17 

Penaltes  on  manufacturers  for  failing  to 

obtain  license,  22 

Physicians,  attorneys  at  law,  &c.  20 

Private  entertainments,  12 

Public  shows,  »tc.  17 

Kate  of  taxation  on  manufactures,  22 

Rt'freshments  in  theatres,  18 

Sales  of  ardent  spirits  in  theatres,  13 

Sale  of  porter,  ale  and  beer,  19 

Slaves  bought  or  sold  for  profit,  21 

Stallions.  18 

Telegraph  couipanies,  20-21 

Theairical  pertormances,  17 

Gencrul  provisions. 
Agricitltural  productions,  when  taxed,     26-7 
Aliens,  how  licenses  may  issue  to,  34 

Auditor  to  publish  section  of  act,  33 

Banks  and  insurance  companies  to  report 

to  auditor,  29 

Commissions  to  sheriffs  and  collectors  on 

license  tax,  32 

Commissions  to  sheritYs,  30-31 

Commissioner's  compensation,  31 

Confederate  States  t^asury  notes,  what 

receivable,  33 

Corporation  tax  on,  23 

Deduction  from  commissioner's  compen- 
sation. 25 
Deputy  collectors,  how  appointed,  33 
Domestic  manufactures,  how  taxed,  27 
Double  tax,  when,  •  *  25 
Effect  of  change  of  firm,  27-8 
Erroneous  assessment,  26 
Forms  for  tax  payers,  24 
Insolvents,  how  collected,  28 
Licenses,  how  granted,  27 
License  to  sutlers,  &c.  28 
License  to  merchant,  a  beginner,  28-9 
License,  where  exercised,  24 
Limitation  ot  license,  24 
List  for  auditor,  clerk,  &c.,  fees  of  com- 
missioner for,  31 
Market  value  of  stocks  to  be  taxed,  24 
Kumber  of  slaves  escaping  to  be  as- 
certained, "  34 
Personal  property  exempt,  29-30 
Penalty  for  failure  to  obtain  license,  /  24 
Penalties,  how  recoverable,  32-3 
Population  of  counties,  how  estimated,  29 
Kedress  against  new  assessment,  26 
Slaves  and  similar  subjects,  how  taxed,  25 
Tax  on  corporations,  23 
Tax  tickets.  24 
Taxes,  when  distrained  for,  33-4 
Value  of  lands  and  lots  not  to  be  changed,  25 
When  may  be  changed,  '26 
When  agricultural  productions  to  be 


154 


INDEX. 


When  double  tax  imposed, 
When  forms  to  be  t'urcished, 
When  tax  tickets  to  be  made  out, 
When  taxes  may. be  distrained  for, 


25 
24 
24 
33 


tra:xsper  of  state  stock. 


Tax  on, 


10 


TRANSPORTATION  OF   SALT. 


Where  license  privilege  to  be  exercised,      24  j  On  rail  roads  and  canals, 

TAX  BILL. 

Resolution  explanatory  of, 


TAX  TICKETS. 

When  to  be  made  out, 

TELEGRAPH  COMPANIES. 
See  Tax  bill, 
License  to, 


126 


24 


126 


TRIAL 


See  Circuit  courts. 

UNORGANIZED  COjiP->JS^IES. 
Hovv-  taxed, 

USURPED  GOVERNilENT. 


17  i  See  Oatii  to  support^ 


]2& 


11 


83. 


TERMS  OF  COURTS. 

Tables  showing,  "  137-39 

THEATRICAL  PERFORMANCES. 

Tax  on  license  for,  ■  18 

THORNTON,  S.  T. 

Act  for  relief  of,  112 

Preamble,  112 

Com-t  to  authorize  removal  of  slaves,  112 

Proviso,  112 

Bond  and  security,  112 

To  report  to  court  annual!}^,  112 

Court  may  require  new  bond,  112 

Penalty  for  fiiilure  to  give  bond,  112 

TOBACCO. 

Act  to  limit  production  of,  70-71 

Preamble,  70 

Production  of  tobacco  limited,  70 

Number  of  plants  to  each  hand,  70 
List  of  field  hands  to  be  rendered  on  oath,  70 

Proviso  as  to  crop,  70 

List,  how  returned,  70 

Penalty  for  violating  1st  section,  70 

Amouut  of  fine,  70 

Forfeiture,  how  disposed  of,  70 

Penalty  for  violating  2d  section,  71 

Duties  of  judges  and  attorneys,  71 

Duty  of  coaiiiiissitiners,  71 

Continuance  of  act,  71 

TOBACCO  INSPECTORS  (FEES  OF). 

Act  iucrnasiiig;  Code  amended,  o7 

Fees  to  inspectors,  58 

Continuance  of  act,  58 


VALUE  OF  LANDS  AND  LOTS. 

Not  generally  to  be  changed. 
When  may  be  chafiged, 


25 


60 
(iO 
60 
60 
60 
60 

122 
J  22 
Vi2 
122 
122 
122 


Tax  on. 


TOLL  BRIDGES. 


TRANSFER  OF  PRISONERS. 

Transfer  directed, 


121 


!     VIRGINIA  MILIT.VRY  INSTITUTE 

j  Act  amending   2d   aud  5th  sections  ot 

I      chapter  34  of  Code, 

I  Code  amended, 

!  Board  of  visitors,  how  appointed, 

j  Board  a  corporation, 

j  Code  amended, 

\  Expenses  of  board, 

]  Preamble  and  resolutions  as  to  disorderly 

I      practices  at, 

t  Coudeiuriation  expressed, 

1  Instiuction  to  officers. 

Disapprobation  of  conduct  of, 
I  Requirement  of  officers, 

Duty  of  officers, 

VIRGINIA  SOLDIERS. 
See  Agency  for  receiving  and  forward- 
ing supplies  to. 

VOTING  BY  SOLDIERS. 

See  Election  laws. 


WHITE  MALES. 
Tax  on,  4 

WILLS  AND  ADMINISTRATIONS. 
Taxes  on,  10 

W^OMEN  OF  VIRGINIA. 

Resolution  in  honor  of,  121 

Patriotism  api^reciated,  1-t 

Regarded  with  highest  admiration,  121 

Resolution  to  be  entered  on  ;.jiiiaais,  1-il 
• 

ZARVONTA,  COL.   R.  T. 

See  Transfer  of  prisoners. 


THE 


WITH   THE   AISENDED 


:bill  of  kights 


AS  ADOPTED   BY   THE 


EE'FORM   CONTENTION   OF   18  50^51, 


AXD   AJJENDSD   BY 


THE   CONVENTION   OF   1860-01. 


VIRGINIA  BILL  OF  RIGHTS 


When,  on  tlie  Intli  of  May  177G,  the  C'onvenlion  of  Vir^iiiia  instructed  their  delegates 
■jn  Congress  to  propose  to  that  body  to  declare  the  United  Colonies  free  and  independent 
States,  it,  at  the  same  time,  appointed  a  committee  to  prepare  a  dechuation  of  rights  and 
Such  a  plan  of  government  as  would  he  most  likely  to  maintain  peace  and  order  in  the  Co- 
lony and  secure  substantial  and  equal  liberty  to  the  people.  On  subseqivent  days  the  com- 
mittee was  enlarged  ;  Mr  George  Mason  was  added  to  it  on  the  18th.  'J'he  declaration  of 
rights  was  on  the  27th  reported  by  Mr.  Archibald  Gary,  the  chairman  of  the  committee, 
and,  aft-er  being  twic-e  read,  was  ordered  to  he  printed  for  the  perusal  of  members.  It  was 
considered  in  committee  of  the  whole  on  the  2'Jth  of  May  and  the  :5d,  4th,  5?h  and  Idjh  of 
Jnne.  It  was  then  reported  to  the  house  with  ainondments.  On  the  ]  1th  the  convention 
considered  the  amendments,  and  having  agreed  thereto,  ordered  that  the  declaration  (with 
the  amendments)  bo  fairly  transcribed  and  read  a  third  tiuie.  This  having  been  done  on 
the  ]v;th,  the  ileclaration  was  ther^  J'ead  a  third  time  and  passed  nern.  con.  A  manuscript 
copy  of  the  finst  draft  of  t!ie  declaration,  just  as  it  was  drawn  by  Mr.  Mason,*  is  in  the 
library  of  Virginia.  The*  declaration  as  it  passed  was  adopted  without  alteration  by  thw 
Convention  of  !829-o{),  and  re-adcptcd  with  amendments  by  the  Convention  of  ]850-5], 
and  as  amended  is  as  follows;  t 

A  Declaration  of  Ris;}^ts  made  hy  the  Representatives  of  !hc  good  people  of  Vm- 
GINIA,  assembled  in  full  and  free  Convention,  which  rights  do  pertain  to  them 
and  their  posteritij  as  the  basis  and  foundation  of  governncent. 

3.  That  all  raen  arc  by  nature  eqi'sally  free  and  independent,  and  have  c-ertain 
inherent  rights,  of  which,  when  they  enter  into  a  state  of  society,  they  cannot,  by 
any  compact,  deprive  or  divest  their  pi'sterity ;  namely,  the  enjoyment  of  life  and 
liberty,  with  the  means  of  acquiring  and  possessing  property,  and  pursuing  and 
■obtaining  happiness  and  safety. 

2.  That  all  power  is  vested  in,  and  consequently  derived  from,  the  people;  that 
Magistrates  are  their  trustees  and  servants,  and  at  all  times  amenable  to  them. 

3.  That  government  is,  or  ought  to  be,  instituted  for  the  common  benefit,  pro- 
tection and  security  of  the  people,  nation,  or  community:  of  all  the  various  modes 
and  forms  of  government,  that  is  best,  which  is  capable  of  producing  the  greatest 
degree  of  happiness  and  safety,  and  is  most  effectualiy  secured  against  the  danger 
of  maladministration ;  and  that,  when  any  government  shall  be  found  inadequate 
•or  contrary  to  tliese  purposes,  a  majority  of  the  community  Ijatb  an  indubitable, 
unalienable,  and  indefeasible  right,  fco  reform,  alter,  or  aboli.sh  it,  in  such  manner 
as  shall  be  judged  most  conducive  to  th«  public  weal. 

4.  That  no  man,  or  set  of  men,  are  entitled  to  exclusive  or  separate  emolnmenta 
or  privileges  from  the  community,  but  in  consideration  of  public  services;  which 
not  being  descendible,  neither  ought  the  offices  of  Magistrate,  Legislator,  or  Judge, 
to  be  hereditary. 

•  Va.  Hist.  Reg  Jan.  18-59,  p.  03. 

tSee  Acts  18552,  p.  320-'.il.  SeetioDH  :vnrml&<j  are  5,  o,  8  and  11.  The  Bill  of  Rights  ag  orsjinslly  passed 
58  fouBd  ia  the  RivJued  Code  oi"  iSl'J,  i>.  JL-2,  uud  Cede  of  iSA'i,  p  32,  33,  34,  l«t  vdiUoii. 


4  .  VIRGINIA    EILL    OF    lilGHTS. 

*5.  That  the  legislative,  executive  and  judicial  powers  should  be  separate  and 
distinct;  and  that  the  members  thereof  may  be  restrained  from  oppression,  by  feel- 
ing and  participating  the  burthens  of  the  people,  they  should,  at  fixed  periods,  be 
.  reduced  to  a  private  station,  return  into  that  body  from  which  they  were  originally 
taken,  and  the  vacancies  be  supplied  by~  frequent,  certain,  and  regular  elections, 
in  which  all,  or  any  part  of  the  former  members,  to  be  ag^in  eligible,  or  ineligible, 
as  the  laws  shall  direct. 

f  6.  That  all  elections  ought  to  be  free ;  and  that  all  men,  having  sufficient  evi- 
dence of  permanent  common  interest  with,  and  attachment  to,  the  community, 
have  the  right  of  suffrage,  and  cannot  be  taxed  or  deprived  of  their  property  for 
public  uses,  without  their  own  consent,  or  that  of  their  representatives  so  elected, 
nor  bound  by  any  law  to  which  they  have  not,  in  like  manner,  assented,  for  the 
public  good. 

7.  That  a^l  power  of  suspending  laws,  or  the  execution  of  laws,  by  any  autho- 
rity, without  the  consent  of  the  representatives  of  the  people,  is  injurious  Jto  their 
rights,  and  ought  not  to  be  exercised. 

X8.  That,  in  all  capital  or  criminal  prosecutions,  a  man  hath  a  right  to  demand 
the  cause  and  nature  of  his  accusation,  to  be  confronted  with  the  accusers  and 
witnesses,  to  call  for  evidence  In  his  fa^'or,  and  to  a  speedy  trial  by  an  impartial 
jury  of  twelve  men  of  his  vicinage,  without  whose  unanimous  consent  he  cannot 
bsffouud  guilty;  nor  can  he  be  compelled  to  give  evidence  against  himself;  that 
.  no  man  be  deprived  of  his  liberty,  except  by  the  law  of  the  land  or  the  judgment 
of  bis  peers. 

9.  That  excessive  bail  ought  not  to  be  re(iuired,  nor  excessive  fines  imposed,  nor 
cruel  and  unusual  punishments  inflicted. 

10.  That  general  warrants,  whereby  an  officer  or  messenger  may  be  commanded 
to  search  suspected  places  without  evidence  of  a  fact  committed,  or  to  seize  any 
person  or  persons  not  named,  or  whose  offence  is  not  particularly  described  and 
supported  by  evidence,  are  grievous  and  oppressive,  and  ought  not  to  be  granted. 

11.  That,  in  controversies  respecting  prupertj',  and  in  suits  between  man  and 
man,  the  aricient  trial  by  jury  of  twelve  men  is  preferable  to  any  other,  and  ought 
to  be  held  sacred. 

12.  That  the  freedom  of  the  press  is  one  of  the  great  bulwarks  of  liberty,  and 
can  never  be  restrained  but  by  despotic  governments. 

13.  That  a  well  regulated  militia,  composed  of  the  body  of  the  people,  trained 
to  arms,  is  the  proper,  natural  and  safe  defence  of  a  free  state;  that  standing  ar- 
mies, in  time  of  peace,  should  be  avoided,  as  dangerous  to  liberty:  and  that  in  all 
cases,  tlie  military  should  be  under  strict  subordination  to,  afid  governed  by,  the 
civil  power. 

*  AmendHil.  Acta  1852,  p.  321,  §  5.  The  5th  sectinn,  without  aKinnclment,  read :  "  That  tho  lopislative 
and  CXI  Cdlive  pnwers  of  the  statu  should  b«  «eparuie  auCl  distinct  fi-om  the  judiciary,  and  that  tUo  mem- 
bers of  iht>  two  first"  &c. 

t  Am^iul  d.  Acs  )K)2,  p.  321,  §  R.  The  6ih  siction  wa« :  "That  election  of  members  to  gerve  as  re- 
presi'iitativi-H  of  the  people  in  aHni'iiibly"  &c. 

J  Amended.  Acts  1852,  p.  321,  §  8,  11.  lu  the  8th  and  lllh  Becti,on!i,  the  words  "of  twelve  men"  in- 
lierted  after  the  woid  "jury."  • 


VIRGINIA    BILL    OF   RIGHTS.  5 

14.  That  the  people  have  a  right  to  uniform  government;  and  therefore,  that 
no  government  separate  from,  or  indepentlent  of,  the  government  of  Virginia, 
ought  to  be  erected  or  established  within  the  limits  thereof. 

15.  That  no  free  government,  or  the  blessings  of  liberty,  can  be  preserved  to 
any  people,  but  by  a  firm  adherence  to  justice,  moderation,  temperance,  frugality, 
and  virtue,  and  by  a  frequent  recurrence  to  fundamental  principles. 

16.  That  religion,  or  the  duty  which  we  owe  to  our  Creator,  and  the  manner  of 
discharging  it,  can  be  directed  only  by  reason  and  conviction,  not  by  force  or  vio- 
lence ;  and  therefore  all  men  are  equally  entitled  to  the  free  exercise  of  religion, 
according  to  the  dictates  of  conscience;"  and  that  it  is  the  mutual  duty  of  all  to 
practice  Christian  forbearance,  love,  and  charity  towards  each  other. 


COISTITtlTION  OlF  VIRGIIIA. 


Mr.  Archibald  Caiy,  fnm\  the  comraittea  appointed  for  tlie  pnrpose,  reporti^d  oa  the  24th 
of  June  1776  a -plan  of  government  for  tlie  colony.  It  was  then  read  the  first  time,  read  a 
ijecond  time  on  the  SGlh,  and  considered  in  comniittee  of  the  whole  on  that  day  and  on  the 
27th  and  28lh.  It  was  then  reported  to  the  house  with  amendments,  which  were  iTad  twice 
and  agreed  to.  After  being  fairly  transcribed,  it  was  read  a  third  time  on  the  29th  and 
pas.sed  unanimously.** 

This  constitution  or  form  of  government  was  originally  drawn  up  by  George  Mason. t 
Mr.  Jefferson  had  ptit  a  draft  of  one  into  the  hands  of  Mr.  Wythe,  wlio  reached  Williams- 
burg after  the  other  was  committed  to  the  committee  of  the  whole.  Two  or  three  parts  of 
Mr.  Jefferson's  plan  were,  with  little  alteration,  inserted  in  the  other ;  and  his  preamble  was 
also  adopted. + 

The  constitution  so  rpsolred  upon  may  be  seen  in  the  9th  -volums  of  Hening's  Statutes 
at  Largo,  page  1 J2  to  ]  19,  and  in  the  ediitions  of  the'Code  of  Virginia  published  from  1776 
to  1819.  At  the  end  of  it,  in  the  Code  of  1819,  will  be  seen  a  note  of  Mr.  Leigh  as  to  the 
form  of  the  colonial  govennnent  for  which  it  was  substituted.  This  constitution  was  in 
foree  until  .superseded  by  the  amended  constitution  or  form  of  government  for  Virginia, 
■which,  on  the  1.5th  of  January  1830,  was  submitted  and  proposed  to  the  people  of  Viiginia 
by  their  delegates  and  representatives,  in  convention  assembled. 

This  amendad  constitution  continued  in  force  until  January  1852.  A  convention  to  form 
a  new  constitution  was  called.  It  assembled  on  the  14th  October  1850,  and  the  present 
constitution  was  adopted  on  the  1st  of  August  1851.  It  was  ratified  by  the  people  on  the 
4th  Thursday  in  October  following.  On  the  second  Monday  of  the  succeedir.g  December 
an  election  was  held  for  the  legislature,  governor,  lii'utenant  governor  and  attorney  geueraL 
The  first  general  assembly  convened  on  the  second  Monday  in  January  (the  12th  day  of  the 
month),  and  the  first  governor  and  lieutenant  governor  qualified  on  the  ICth  of  January 
,  1852.     The  constitution  thus  formed  and  put  into  operation  is  as  follows  : 


ARTICLE  I. 
PreambJc. 

Bill  of  rights. 

Force  of  bill  of  rights. 

ARTICLE  n. 

Division  of  potcers. 

DiviHJon  of  powers  'letween  departments. 

ARTICLE^II. 

Qiialification  of  voters. 

llight  of  safFrage. 

Cilii'B  and   towriK   to  be   laid  off  into  wards. 

Places  fur  elections.    Citizens  to  vote  iu  their 

wards 
Exemption  of  voters. 
How  votes  are  given. 

ARTICLE  IV. 

Legislative  depart/l'.cnt, 

r>egiHlatnro,  how  composed. 

H'  use  of  delegaten,  how  chisen.     Nnmber  of 

df-legates   to   liacb  couuty,  city   or  election 

district. 


Sec. 
3. 


Senate,  how  elected.  UetuTninp  ofGeerss,  when 
and  where  to  meet.  Senate  clast^itied.  Term 
of  s^-rvice. 

Senatorial  districts. 

Apport j(l^nl^•ut  of  representation.  How  sub- 
mitted to  the  vote  of  the  people. 

How  lonfT  polls  to  be  kep-t  open.  When  and 
how  certified.  Governor  to  communicate 
result  to  lepi.slature.  When  again  referred 
to  the  people.  Reapporiionaient  according 
to  vote  of  people. 

QualificHtion  of  senatovK  and  delegates.  Dis- 
qiinUti«'ation.     Removals  to  vacate  office. 

Legislature,  how  often  to  meet.  Ses^ions,  how 
long.  Adjournment,  how  long,  and  where. 
Quorum      How  attendance  enforced. 

Speaker  of  house  and  president  of  senate. 
Officers;  rules;  writs  of  election,  by  whom 
isHuert.  Houses  to  judge  of  elections,  &c. 
Blembers  punished. 

Pay  of  memlK'rs.  Ineligible  to  offices  in  cer- 
tHin  casf  s. 

Bills  and  lesolutions,  where  to  origiuate  and 
how  di,<posed  of 

Journal ;  yeas  and  nays,  how  recorded.  How 
bills  to  lie  read.  0  %' 

Representauou  in  congress,  how  apportionecL 

Cotigres.'-idnal  districts,  how  formed 

Habeas  corpus  uot  suspended.  Leprislative 
power  restrained  in  certain  casns.  Freedom 
of  speech  or  of  the  press.    Religious  libirty. 


♦Journal  of  the  Convention. 

tMr.  Madison's  letter  in  .Sparks'  Writings  nf  Washington,  vol.  9,  page  .'348 

JMr.  Wythe's  letter  of  the  2Tth  of  July  1776  to  Mr.  Jeifurson.     Burke's  Va.,  vol.  4,  p.  150,  151. 


CONSTITUTION    OF   VIROINU. 


dec. 
16. 
17. 
18. 


T9. 
'20. 

HI. 
22.) 
2.3.  5 

24. 

25. 
26. 


-29. 
30. 
31. 

;«. 

;33. 
34. 

35. 

36. 

.37. 
38. 


Law?,  how  to  be  frarneil.  „ 

DisquaUficatiou  for  duelling 

Impeachments,  how  presented.  Extool  of 
judgment.  Senate  may  sit  during  legisla- 
tive recess. 

How  emancipated  slaves  forfeit  their  freedom. 

Restrictions  on  emancipation.  Removal  of  free 
negroes. 

Legislatare  not  to  emancipate.     ' 

Taxation  to  be  uniform  and  ad  valorem. 

Property,  how  exempt  from  tax. 

Capitation  tax.  Wiiut  part  applied  to  Bcbools. 
Exemption  for  iuiirmity. 

Tax  on  incomes,  sai;me8  and  licenses. 

How  money  drawn  from  treasury.  Financial 
statement  to  be  published. 

On  what  acts  yeas  and  nays  required.  Ma- 
jority of  ail  requisite. 

Debts  to  state  by  corporations  not  to  be  re- 
leased. State  faith  not  to  be  pledged  for 
corporations. 

Sinking  fund. 

How  stale  stocks  may  be  sold. 

Loans,  when  redeemable. 

Charter  to  churches  prohibit-ed.  Church  pro- 
perty, how  secured. 

Lotteries  prohibited. 

Nev/  counties,  how  formed.  Voters  in  election 
districts,  where  to  vote. 

Power  over  divorces,  names  and  sale  of  pro- 
perty. 

Registration  of  voters,  and  of  births,  marriages 
and  deaths. 

State  census.     Returns  thereof. 

Provision  relative   to  elections  au'l   v;icaD<;ies 


S«c. 
15. 


AUTICDE  V. 

Sxecutive  departmen:. 

Governor;  his  term;  eligibility  to  office. 
How  elected.     Returns  of  election  of  governor, 

how   disposed  of.     Votes,   when   and    how 

counted.     Election, how  decided.     Contested 

elections. 
Who  eligible  to  of£ce  of  governor. 
Where  to  reside.     His  pay. 
His  duties  and  powers. 
Power  to  require  information  from  executive 

officers  and  opinions  from  attorney  general. 
Commissions  and  grants  to  be  in  name  of  com- 
monwealth.    How  attested. 
Lieutenant  governor,  how  elected;    his  term 

and  qualification. 
Wh«n  to  act  as  governor.     V/ho  to  discharge 

executive  functions. 
President  of  senate;  his  compensation. 
Secretary,  treasurer  and  auditor,  how  elected ; 

their  terms. 
Record  of  governor's  aets.  how  kept ;   when 

laid  before  legislature.     Duties  of  secretary. 
Powers  and  duties  of  treasurer  and  auditor. 
Board  of  public  worlis,  how  elected ;  term  of 

office. 


Legislature  to  provide  for  election ;  cocpens*^ 
tion  and  organiiTation  of  board.  Board,  when 
to  meet. 

Officers  on  public  works,  how  appointed  l>i»- 
ties  of  board.  • 

How  removed  from  office. 

Board,  how  abolished. 

Appointment  of  miliiia  officers. 

AUTICLE  VI. 


Judiciary  department. 

1.  Judiciary:   of  what  courts  eompo&ed.     Juris- 
diction. 

C.  Judicial  divisions.     Circuits. 

3.  Districts. 

4.  Sections. 

5.  Rearrangement  of  judicial  divisions,  how  made. 

6.  Jnf];res  of  circuit  courts,  how  elected;    their 

term,  age  and  residence. 

7.  Circuit  courts,  when  held. 

8.  District  courts,  when  held  and  by  whom. 

9.  Jurisdiction. 

10.  Court  of  appeals,  how  elected ;  term  cf  office, 

age  and  residence. 

11.  Court,  how  constituted.     Its  jurisdictior;. 

12.  Special  court  of  appeals,  how  constituted     It-e 

powers  and  dnties. 
1.3.     Reasons  of  decisionu  of  court  of  appeals  to  be 
rt-corded. 

14.  Judges,   how    commissioned;    their    salaries; 

mileage. 

15.  Judges  net  to  hold  other  offices. 

Ifi.     Eh.eiions  of  judges,  when  not  to  be  held. 
17.     Judges,  how  removed  from  office.     Notice  to 
be  given. 

13.  Offictfrs  of  courts,  how  appointed ;  their  dntiee, 

pay  and  tenure. 

19.  Clerk  of  circuit  court,  how  elected  ;   term  of 

office.     Attorneys,  how  elected;  their  term, 
duties  and  pay ;  how  removed. 

20.  Vacancy  in  office  of  clerk,  how  filled. 

21.  I^ay  of  jurors. 

22.  Atiorney  general, how  elected;  his  t€rm.    How 

cnmroissioned  ;  his  duties  and  pay ;  how  re- 
movei 

23.  Judges  and  officers  to  remain  such  until  suc- 

cessors qualified. 

24.  Writs,   how   attested.     Conclusion   of   indict- 

ments. 

25.  County    courtB,  how    constituted,  and    wheo 

held. 

26.  Their  jurisdiction. 

27.  Districts  for  election  of  justices;  how  elected 

and   commissioned;    their    term.     Presiding 
justice,  his  duty.     Justices  classified. 

2H.     Pay  of  justices. 

29.     Powers  and  jurisdiction. 

.30.     County  officers,  how  elected  ;  their  term. 

31.  Officers,  where  to  reside.    Eligibility  of  sheriffs. 

32.  County  officers  subject  to  indictment. 

33.  Jurisdiction  cf  corporation  courts  and  magi:?- 

trates. 

34.  Corporation  officers,  how  elected,  or  appointed. 


WheTcag  the  delegates  and  representatives  of  the  good  people  of  Virginia,  in 
(Convention  assembled,  on  the  twenty-ninth  day  of  June,  in  the  year  of  our  Lord 
one  thousand  seven  hundred  and  seventy-six — reciting  and  declaring,  that  whereas 
George  the  Third,  king  of  Great  Britain  and  Ireland  and  elector  of  Hanover,  be- 
fore that  time  entrusted  .with  the  exercise  of  the  hingly  office  in  the  government 
of  Virginia,  had  endeavored  to  pervert  the  same  into  a  detestable  and  insupport- 
able tyranny,  by  putting  his  negative  on  laws  the  most  wholesome  and  necessary 
for  the  public  good  ;  by  deuying  his  governors  permission  to  pass  laws  of  irame- 
•diate  and  pressing  importance,  unless  suspended  in  their  operation  for  his  assent, 
and  when  so  suspended,  neglecting  to  attend  .to  them  for  many  yiears;  by  refusing 
to  pass  certain  other  laws,  unless  the.  persons  to  be  benefited  by  them  would  re- 


8  CONSTITUTION    OF   VIRGINIA. 

lirK^-aish  the  inestimable  right  of  representation  in  the  legislature ;  by  dissolving 
legislative  assemblies  repeatedly  and  continually,  fof  opposing  with  manly  firnxness 
his  invasions  of  the  rights  of  the  people  ;  when  dissolved,  by  refusing  to  call  others 
for  a  long  space  of  time,  thereby  leaving  the  political  system  without  any  legisla- 
tive head ;  by  endeavoring  to  prevent  the  population  of  our  country,  and  for  that 
purpose  obstructing  the  laws  for  tlie  naturalizationa  of  foreigners ;  by  keeping 
among  us,  in  time  of  peace,  standing  armies  and  ships  of  war;  by  affecting  to 
render  the  military  independent  of  and  superior  to  the  civil  power ;  hy  combining 
with  others  to  subject  us  to  a  foreign  jurisdiction,  giving  his  assent  to  their  pre- 
tended acts,  of  legislation,  for  quartering  large  bodies  of  armed  troops  among  us, 
for  cutting  off  our  trade  with  all  parts  of.  the  world,  for  imposing  taxes  on  us  with- 
out our  consent,  for  depriving  us  of  the  benefits  of  the  trial  by  jury,  for  trans- 
porting ns  beyond  seas  to  be  tried  for  pretended  offences,  for  suspending  onr  own 
legislatures,  and  declaring  themselves  invested  with  power  to  legislate  for  us  in  all 
cases  whatsoever ;  by  plundering  our  seas,  ravaging  our  coasts,  burning  our  towns, 
and  destroying  the  lives  of  our  people  ;  by  inciting  insurrections  of  our  fellow  sub- 
jects with  the  allurements  of  forfeiture  and  confiscation  ;  by  prompting  our  negroes 
to  rise  in  arms  among  us — those  very  negroes,  whom,  by  an  inhuman  use  of  his 
negative,  he  had  refused  us  permission  to  exclude  by  law  ^  by  endeavoring  to  bring 
on  the  inhabitants  of  our  frontiers  the  merciless  Indian  savages,  whose  known  rule 
of  warfare  is  an  undistinguished  destruction  of  all  ages,  sexes  and  conditions  of 
existence  ;  by  transporting  hither  a  large  army  of  foreign  mercenaries  to  complete 
the  work  of  death,  desolation  and  tyranny,  then  already  begun  with  circumstances- 
of  cruelty  and  perfidy  unworthy  the  iiead  of  a  civilized  nation  ;  b}'  answering  our 
repeated  petitions  for  redress  with  a  repetition  of  injuries; 'and  finally,  by  aban- 
■<loning  the  helm. of  government,  and  declaring  us  out  of  his  allegiance  and  pro- 
tection; by  which  several  acts  of  misrule,  the  government  of  this  country,"  as 
before  exercised  under  the  crown  of  Great  Britain,  was  totally  dissolved — did, 
therefore,  having  maturely  considered  the  premises,  and  viewing  with  great  con- 
cern the  deplorable  condition  to  which  this  once  happy  country  would  be  reduced, 
unless  some  regular,  adequate  mode  of  civil  policy  sliould  be  speedily  adopted,  and 
in  compliance  with  the  recommendation  of  the  general  congress,  ordain  and  de- 
clare a  form  of  government  of  Virginia  : 

And  whereas  a  convention  held  on  the  first  Monday  in  October,  in  the  year  one 
thousand  eight  hundred  and  twenty-nine,  did  propose-  to  the  people  of  the  cora- 
uionwealth  an  amended  constitution  or  form  of  government,  which  was  ratified  by 
them :       ' 

And  whereas  the  general  assembly  of  Virginia,  by  an  act  passed  on  the  fourth 
of  March,  in  the  year  one  thousand  eight  hundred  and  fifty,  did  provide  for  the 
election,  by  the  people,  of  delegates  to  meet  in  general  convention,  to  consider, 
discuss  and  propose  a  new  constitution,  or  alterations  and  amendments  to  the 
existing  constitution  of  this  commonwealth;  and  by  An  act  passed  on  the  thir- 
teenth of  March,  in  the  year  one  thousand  eight  hundred  and  fifty-one,  did  further 
provide  for  submitting  the  same  to  the  people  for  ratification  or  rejection : 

We,  therefore,  the  delegates  of  the  good  people  of  Virginia,  elected  and  in  cou- 
yention  assembled,  in  pursuance  of  said  acts,  do  propose  to  the  people  the  follow- 
ing constitution  and  form  of  government  for  this  commonwealth : 


CONSTITUTION    OF   VIRGINIA.  9 

RETICLE  I.  -    ' 

BILL   OF   EIGHTS. 

The  declaration  of  rights,  as  amended  and  prefixed  to  this  constitution,  shall 
have  the  same  relation  thereto  as  it  had  to  the  former  constitution. 

AETICLE  II. 

DIVISION   OF   POWEKS. 

The  legislative,  executive  and  judiciary  depaitnients  shall  be  separate  and  dis- 
tinct, so  that  neither  exercise  the  powers  properly  belonging  to  either  of  the  others  ; 
nor  shall  any  person  exercise  the  powers  of  UiOre  than  one  of  them  at  the  same 
time,  except  that  justices  of  the  peace  shall  be  eligible  to  either  house  of  assembly. 

ARTICLE  III. 

QUALIFICATION   OF    VOTEKS. 

1.  Every  white  male  citizen  of  the  commonwealth,  of  the  age  of  twenty-one 

years,  who  has  been  a  resident  of  the  state  for  two  years,  and  of  the  county,  city 
or  town  where  he  offers  to  vote  for  twelve  months  next  preceding  an  election — and 
no  other  person — shall  be  qualified  to  vote  for  members  of  the  general  assembly 
and  all  officers  elective  by  the  people :  but  no  person  in  the  military,  naval  or  ma- 
rine service  of  the  Confederate  States  shall  be  deemed  a  resident  of  this  state,  by 
reason  of«being  stationed  therein.  And  no  person  shall  have  the  right  to  vote, 
who  is  of  unsound  mind,  or  a  pauper,  or  a  non-commissioned  officer,  soldier,  sea- 
man or  marine  in  the  service  of  the  Confederate  States,  or  wha  has  been  convicted 
of  bribery  in  an  election,  or  of  any  infamous  offence. 

2.  The  general  assembly,  at  its  first  session  after  the  adoption  of  this  constitu- 
tion, and  afterwards  as  occasion  may  require,  shall  cau^e  every  city  or  town,  the 
white  population  of  which  exceeds  five  thousand,  to  be  laid  off  into  convenient 
wards,  and  a  separate  place  of  voting  to  be  established  in  each;  and  thereafter  no 
inhabitant  of  such  city  or  to w-n •shall  be  allowed  to  vote  except  in  tlie  ward  in 
which  he  resides. 

.  ■*     . 

3.  No  voter,  during  the  time  for  holding  any  election  at  which  he  is  entitled  to 

vote,  shall  be  compelled  to  perform  military  service,  except  in  time  of  war  or  pub- 
lic danger;  to  work  upon  the  public  roads,  or  to  attend  any  court  as  suitor,  juror 
or  vvitness  ;  and  no  voter  shall  be  subject  to  arrest  under  any  civil  process  during 
his  attendance  at  elections,  or  in  going  to  and  returning  from  them. 

4.  In  all  elections  votes  shall  be  given  openly,  or  viva  voce,  and  not  by  ballot ; 
but  dumb  persons  entitled  to  suffrage  may  vote  hy  ballot. 


10.  .  \  CONSTITUTION    OF   VIRGINIA. 

ARTICLE  IV. 

LEGISLATIVE   DKPAKTMENT. 

1.  The  kgislature  shall  be  formed  of  two  distinct  branches,  which  together 
shall  be  a  couiplete  legislature,  and  shall  be  called  the  General  Assembly  of  Vir- 
ginia. 

House  of  Delegates. 

2.  One  of  thes(3  shall  be  called  the  House  of  Delegates,  and  shall  consist  of 
one  hundred  and  fifty-two  members,  to  be  chosen  biennially  for  and  liy  the  several 
counties,  cities  and  towns  of  the  commonwealth,  and  distributed  and  apportioned 
as  follows  : 

The  couuties  of  Augusta  and  Rockingham  and  the  city  of  Richmond  shall  each 

elect  three  delegates;  the  counties  of  Allieraai-le.  Bedford,  Berkeley,  Campbell, 
Fauquier,  Franklin,  Frederick,  Hahfax,  Hampshire,  Harrison,  Jefferson,  Katiawha, 
Loudoun,  Marion,  Monongalia,  Monroe,  Norfolk,  Pittf^jivania,  Preston,  Rockbridge, 
Shenandoah  and  Washington  shall  each  elect  two  delegates  ;  the  counties  of  Bote- 
tourt and  Craig  shall  together  elect  two  delegates. 

The  counties  of  Accomack,  Alexandria,  Amherst,  Appomattox,  Barbour,  Bruns- 
wick, Bucldngham,  Cabell,  Caroline,  Carroll,  Charlotte,  Chesterfield,  Clarke,  Cul- 
peper,  Dinwiddle,  Fairfax,  Flojd,  Fluvanna,  Giles,  Gloucester,  Goochland,  Gray- 
son, Greenbrier,  Hanover,  Hardy,  Henrico,  Henry,  Highland,  Isle  of  Wight,  Jack- 
eon,  King  William,  Lee,  Lewis,  Louisa,  Lunenburg,  Madison,  Marshall,  Mason, 
Mercer,  Mecklenburg,  Montgomery,  Morgan,  Nansemond,  Nelson,  Northampton, 
Page,  Patrick,  Pendleton,  Pocahontas,  Princess  Anne,  Prince  Edward,  Prince 
William,  Pulaski,  Putnam,  Randolph,  Rappahannock,  Roanoke,  Scott,  Smyth, 
Southampton,  Spotsylvania,  Taylor,  Upshur,  Warren,  Wayne,  Wetzel,  Wood  and 
Wythe,  and  the  cities  of  Norfolk  and  Petersburg,  shall  each  elect  one  delegate.* 

The  counties  of  Lee  and  Scott,  in  addition  to  the  delegate  to  be  elected  by 
each,  shall  together  elect  one  delegate. 

The  following  counties  |).nd  cities  shall  compose  election  districts:  Alleghany 
and  Bath;  Amelia  and  Nottoway ;  Bo<>ne,  W3*omiiig  and  Logan;  Braxton  and 
Nicholas;  Charles  City,  James  City  and  New  Kent;  Cumberland  and  Powhatan; 
Doddridge  and  Tylei*,  Elizabeth  City,  Warwick,  York,  and  the  city  of  Williams- 
burg ;  Essex  and  King  &  Queen  ;  Fayette  and  Raleigh ;  Gilnier  and  Wirt ;  Greene 

*  Since  the  adoption  of  the  constitution,  the  following  countips  have  been  fnrrneri :  The  county  of  Cal- 
houn coiistiiiiteii  a  part  of  the  election  district  .of  Gilmer  ami  Wirt  Acts  18S5-6,  p.  91,  ch.  108,  §  10.  The 
acts  establishing  the  counties  of  Wise  and  Roane  do  not  pri'scribe  Ijow  ihey  shall  vote  for  mniubHrs  of 
the  house  of  delegates.  See  Acts  1-855-6,  p  89,  §  13,  14,  fir  W-se.  and  p.  94,  '§  15,  for  Unxae.  They  will 
elect  deletrates  therefore  under  the  eonsiitntioii,  eiich  part  voiinp:  u-ith  thi'.  county  from  which  it  was 
taken.  The  county  of  Tucker  votes  with  the  county  of  Randolph  as  an  elfCtioii  oistrict.  Id.  p  !,'7,  ch. 
110,  §  14  The  act  -forming  thi-cunty  of  McDowell  lias  n<i  provi-i'm  lor  elei'ting  a  (h-lt-gMte.  The  coun- 
ties of.McD'iwell  and  Tazewell  therefore  vote-  together.  Acts  18:i7-8,  i>.  108,  ch.  155,  ^  13.  The  coniuy 
of  Buchanan  is  not  pr"vidi-d  for  in  the  act  creating  it,  and  is  ihenf.ire  in  the  same  condition,  and  votes 
for  adelegate  with  Tazi-wt-ll  and  Russell.  Id.  p  110,  ch.  15*^.  §  14  The  c  .nntv  of  Clay  forms  a  part  of 
the  electoral  district  with  Braxton  and  Niidiolas.  id.  p.  113,  ch.  1.^58,  §  14  The  county  of  Wi'b^ter  U 
formed  out  of  tlie  coumie*  o'  Bra-xtim,  Nicliolas  and  Randolph.  The  vti-rs  of  the  county  of  Webster 
are  to  vte  as  they  have  heretof.ire  voted  for  members  of  the  house  of  de'egatcs.  Acts  1859-60,  p.  156, 
ch.  47,  §  15.  So  much  of  Bland  county  as  was  taken  respectivi-ly  from  (tiIcs,  Ta/.i'Well  and  Wyihe,  shall 
remain  attached  to  the  electoral,  congressional  and  senatorinl  districts  respectively  to  wliich  the  said 
counties  from  which  it  was  taken  belong,  aud  ;>hall  vote  with  said  counties  for  members  of  the  house  of 
delegates. 


CONSTITUTION   OF   VIEGINTA.  11 

andnr:in<ro;  Greenesvillo  and  Sussex ;  King  George  and  Stafford  ;  Lancaster  and 

N<»rtl)iuiilieiland;  Matrht-ws  and  Middlesex;  Pleasants  and  Ritchie;  Prince 
George;  and  Surry;  and  Richmond  and  AVestmoreland — each  of  which  districts 
shall  e](  ct  one  delegate. 

At  the  first  general  election,  under  this  constitution,  the  county  of  Ohio  shall 
elect  three  delegates,  and  the  counties  of  Brooke  and  Hancock  shall  together  elect 
one  delegate ;  at  the  second  general  election,  the  county  of  Ohio  shall  elect  two 
delegates,  and  the  counties  of  Brooke  and  Hancock  shall  each  elect  one  delegate; 
and  so  <!n.  alternately,  at  succeeding  general  elections. 

At  the  first  general  election,  the  county  of  Russell  shall  elect  two  delegates,  and 
the  eouiify  of  Tazewell  shaii  elect  one  delegate;  at  the  second  general  election, 
the  county  of  Tazewell  shall  elect  two  delegates,  and  the  county  of  Russell  shall 
elect  one  delegate;  and  so  on,  alternately,  at  succeeding  general  elections.* 

The  general  assembly  shall  have  power,  upon  application  of  a  majority  of  the 
voters  of  the  county  of  Campltell,  to  provide,  that  instead  of  the  two  delegates  to 
be  elected  by  said  county,  the  town  of  Lynchburg  shall  elect  one  delegate,  and 

'the  residue  of  the  county  of  Campbell  shall  elect  one  delegate. 

* 

Senate. 

3.  Tlie  other  house  of  the  general  assembly  shall  he  called  the  Senate,  and 
shall  consist  of  fifty  members,  to  be  elected  for  the  term  of  four  years ;  for  the 
election  <if  whom,  the  counties,  cities  and  towns  shall  be  divided  into  fifty  districts. 
Each  county,  cit}-  and  town  of  the  respective  districts,  at  the  time  of  the  first  elec- 
tion of  its  delegate  or  delegates  under  this  constitution,  shall  vote  for  one  senator; 
and  the  shfrifTs  or  other  .ofllcers  holding  the  election  for  each  county,  "city  and 
town,  within  five  days  at  farthest  after  the  last  election  in  the  district,  shall  meet 
at  the  court  house  of  the  county  or  city  first  named  in  the  district,  and  from  the 
polls  so  taken  in  their  respective  couiiti-  g,  cities  and  towns,  return  as  senator  the 
person  who  has  received  the  greatest  number  of  votes  in  the  whole  district.  Upon 
the  assembling  of  the  senators  so  elected,  they  shall  be  divided  in  two  equal 
classes,  to  be  numbered  b}'  lot.  The  term  of  service  of  the  senators  of  the  first 
class  shall  expire  with  that  of  the  delegates  first  elected  under  this  constitution, 
and  of  the  senators  of  the  second  class  at  the  expiration  of  two  years  thereafter ; 
and  this  alternation  shall  be  continued,  so  that  one-half  of  the  senators  may  bo 
chosen  every  second  year. 

4.  For  the  election  of  senators^ 

I.  The  counties  of  Accomack  and  Northampton  shall  form  one  district: 

II.  Tlio  city  of  Norfolk  shall  be  another  district: 

III.  The  countii's  of  Norfolk  and  Princess  Anne  shall  form  another  district: 

IV.  The  counties  of  Isle  of  Wight,  Nansemoud  an^Suny  shall  form  another  district : 

V.  The  <'0iinties  of  Sussex,  Southaiiiptou  and  Greeuesville  shall  form  another  district : 

VI.  The  city  of  Petersburg  and  the  county  of  Prince  George  shall  form  another  district: 
Vir.    The  counties  of  Di'iwiddie,  Amelia  and  Biunswick  shall  form  another  district: 
VIII.   The  counties  of  Powhatan,  Cumberland  and  Chesterfield  shall  form  another  district: 

*  See  note  on  page  10. 


12  CONSTITUTION^    OF   VIRGINIA. 

]X.   The  eouuties  of  Lunenburg.  Nottoway  and  Prince  Edward  shall  form  another  district : 
X    The  counties  of  Mecklenburg  and  Charlotte  shall  form  another  district:    . 
XI.   The  courfty  of  Pittsylvania  shall  be  another  district : 
XII.,  The  county  of  Halifax  shall  be  ano'ther  district: 

XIII.  The  counties  of  Henry,  Patrick  and^Franklin  shall  form  another  district: 

XIV.  The  county  of  Bedford  shall  be  another  district : 

XV.  The  counties  of  Campbell  and  Appomattox  shall  form  another  district : 

XVI.  The  city  bf  Williamsburg  and  the  counties  of  James   City,  Charles  City,  New 
Kent,  York,  Elizabeth  City  and  Warwick  shall  form  another  district: 

XVII.  The  counties  of  Henrico  and  Hanover  shall  form  another  district : 

XVIII.  The  city  of  Richmond  shall  be  another  district : 

XIX.  The  counties  of  Gloucester,  Matthews  and  .Middlesex  shall  form  another  district : 

XX.  The  counties  of  Richmond,  Lancaster,  Northumberland  and  Westmoreland  shall 
form  another  district : 

XXI.  The  counties  of  King  &  Queen.  King  William  and  I^ssex  shall  form  another  district : 

XXII.  The  counties  of  Caroline  and  Spotsylvania  shall  ftinn  another  district: 

XXIII.  The  counties  of  Stafford,  King  George  and  Prince  William  shall  form  anotlier 
district : 

XXIV.  The  counties  of  Fairfax  and  Alexandria  shall  form  another  district : 

XXV.  The  county  of  Loudoun  shall  be  another  district : 

XXVI.  The  counties  of  Fauquier  and  Rappahannock  shall  form  another  district : 

XXVII.  The  counties  of  Madison,   Culpeper,  Orange  and  Greene  shall  form  another 
district : 

XXVIII.  The  county  of  Albemarle  shall  be  another  district :  .  . 

XXIX.  The  counties  of  Louisa,  Goochland  and  Fluvanna  shall  form  another  district: 

XXX.  The  counties  of  Nelson,  Amherst  and  Buckingham  shall  form  another  district : 
XXXI    The  counties  of  Jefferson  and  Berkeley  shall  form  another  district ; 
XXXII.   The  counties  of  Hampshire,  Hardy  and  Morgan  shall  form  another  district: 
XXXIfl.   The  counties  of  Frederick,  Clarke  and  Warren  shall  form  another  district: 

XXXIV.  The  counties  of  Shenandoah  and  Page  shall  form  another  district: 

XXXV.  The  counties  of  Rockingham  and  Pendleton  shaU  form  another  district: 

XXXVI.  The  county  of  Augusta  shall  be  another  district: 

XXXVII.  The  counties  of  Eath,  Highland  and  Rockbridge  shall  form  another  district : 

XXXVIII.  The  counties  of  Botetourt,  Allegchany,  Roanoke  and  Craig  shall  form  another 
district : 

XXXIX.  The   counties  of  Carroll,   Floyd,    Grayson,   Montgomery   and   Pulaski   shall 
form  another  district : 

XL.    The  counties  of  Mercer,  Monroe,  Giles  and  Tazewell  shall  form  another  district:* 
XLI.   The  counties  of  Smyth,  Wythe  and  Washington  shall  form  another  district: 
XLII.   The  counties  of  Scott,  Lee  and  Russell  shall  form  another  district:* 

XLIII.   The  counties  of  Boone,  Logan,  Kanawha,  Putnam  and  Wyoming  shall  form 
another  district:* 

XLIV.     The  counties  of  Nicholas,  Fayette,  Pocahontas,  Raleigh,  Braxton  and  Green- 
brier shall  form  another  district:* 

XLV.   The  counties  of  Mason,  Jackson,  Cabell,  Wayne  and  Wirt  shall  form  another 
distiict:'"* 

XLVI.   The  counties  of  Ritchie,  Doddridge,  Harrison,  Pleasants  and  W^ood  shall  form 
another  district: 

*  Since  the  adoption  of  the  constitn<Hki,  the  county  of  Wise  has  been  attached  to  the  42il  senatorial 
diBtrict.  Acts  1855-6,  p.  89,  J  14.  The  county  of  Calhoun,  to  the  48rh  district.  Id.  p,  ill,  §  10.  Tlie 
county  of  Roane,,  to  three  di^^trietK,  viz:  so  much  h»  was  taken  fVoui  Knuinvha,  belongs  to  the  43d  dis- 
trict ;  sfi  much  as  was  tal;en  from  Jacltson,  to  the  45th  district,  and  so  much  as  was  taken  from  Gilmer, 
to  the  48th  district.  Id.  p.  94,  §  15.  The  county  of  Tuekt-r,  to  the  48th  distiii't.  Id.  p.  97,  §  14.  The 
county  of  McDowell,  to  the  40th  district.  Acts  1857-8,  p.  108,  ch.  liSS.  §  13.  The  county  of  Buchanan-, 
to  the  42d  district.  Id.  p.  110,  ^  13.  The  county  of  Clay,  to  the  44rh  district.  Id.  p.  113,  §  14.  The 
county  of  Wi'bster  is  attached  to  two  si-natorial  dis'ric's.  TWe  part  taken  from  Nicholas  aud  Braxton 
votes  in  the  44ih,  and  the  part  taken  from  Randolph,  in  the  48th  districts.  Acts  18.>9-()0,  p.  ISfi,  ch.  47, 
§  15.  So  much  of  Blaud  county  as  was  taken  respectively  from  Giles,  Tazewell  and  Wythe,  shall  remain 
attached  to  the  electoral,  congressional  and  senatorial  districts  respectively  to  which  the  said  counties 
■  from  which  it  was  takeu  belong,  and  shall  vole  with  said  counties  f:)r  members  of  the  bouse  of  delegates. 


^CONSTITUTION    OF   VIRGINIA.  13 

XL VII.   The  counties  of  Wetzel,  Marshall,  Marion  and  Tyler  shiall  form  another  district: 
XLVIII.    The  counties  of  Upshur,  Barbour,  Lewis,  Gilmer  and  Randolph  shall  form 
another  district  :* 

XLIX.   The  counties  of  Monongalia.  Preston  and  Taylor  shall  form  another  district : 
L.   The  counties  of  Brooke,  Hancock  and  Ohio  shall  form  another  district ; 

Apportionment  of  Hepresentalion. 

5.  It  shall  be  the  duty  of  the  general  assembly,  in  the  year  one  thousand  eight 
hundred  and  sixty-five,  and  in  every  tenth  year  thereafter,  in  case^it  can  agree 
upon  a  principle  of  representation,  to  reapportion  representation  in  the  senate  and 
liouse  of  delegates  in  accordance  therewith ;  and  in  the  event  the  general  assem- 
bly, at  the  first  or  any  subsequent  period  of  reapportionment,  shall  fail  to  agree 
upon  a  principle  of  representation  and  to  reapportion  representation  in  accordance 
therewith,  each  house  shall  separately  propose  a  scheme  of  representation,  con- 
taining a  principle  or  rule  for  the  house  of  delegates,  in  connection  with  a  princi- 
ple or  rule  for  the  senate.  And  it  shall  be  the  duty  of  the  general  assembly,  at 
the  same  session,  to  certify  to  the  governor  the  principles  or  rules  of  representa- 
tion which  the  respective  houses  maj'  separately  propose,  to  be  applied  in  making 
reapportionments  in  the  senate  and  in  the  house  of  delegates :  and  the  governor 
shall,  as  soon  thereafter  as  may  be,  by  paoelamation,  make  known  the  propositions 
of  the  respective  houses,  and  require  the  voters  of  the  commonwealth  to  assemble 
at  such  time  as  he  shall  appoint,  at  their  lawful  places  of  voting,  and  decide  by 
their  votes  between  the  propositions  thus  presented.  In  the  event  the  general 
assembly  shall  fail,  iii^the  year  one  thousand  eight  himdred  and  sixty-five,  or  in 
any  tenth  year  thereafter,  to  make  sucli  reapportionment  or  certificate,  the  gover- 
npr  shall,  immediately  after  the  adjournment  of  the  general  assembly,  by  procla- 
mation, require  the  voters  of  the  commonwealth  to  assemble,  at  such  time  as  he 
shall  appoint,  at  their  lavi'ful  places  of  voting,  and  to  declare  by  their  votes  : 

First,  whether  representation  in  the  senate  and  house  of  delegates  shall  be  ap- 
portioned on  the  "  Suffrage  Basis;"  that  is,  according  to  the  number  of  voters  m 
the  several  counties,  cities,  towns,  and  senatorial  distjicts  of  the  commonwealth : 

Or,  second,  whether  representation  in  both  houses  shall  be  apportioned  on  the 
"Mixed  Basis  ;"  that  is,  according  to  the  number  of  white  inhabitants  contained, 
and  the*amount  of  all  state  taxes  paid,  in  the  several  counties,  cities  and  towns  of 
the  commonwealth,  deducting  therefrom  all  taxes  paid  on  licenses  and  law  pro- 
cess, and  any  capitation  tax  on  free  negroes,  allowing  one  delegate  for  every 
seventy- sixth  part  of  said  inhabitants,  and  one  delegate  for  every  seventy-sixth 
part  of  said  taxes,  and  distributing  the  senators  in  like  manner  : 

Or,  third,  whether  representation  shall  be  apportioned  in  the  senate  on  taxation; 
that  is,  according  to  the  amount  of  all  state  taxes  paid  in  the  several  counties, 
cities  and  towns  of  the  commonwealth,  deducting  therefrom  all  taxes  paid  on 
licenses  and  huv  process,  and  any  caj)itation  tax  on  free  negroes,  and  in  the  house 
of  delegates  on  the  "  Suffrage  Basis"  as  aforesaid  : 

Or,  fourth,  whether  representation  shall  be  apportioned  in  tlie  senate  (m  the 
*'  Mixed  Basis"  as  aforesaid,  and  in  the  house  of  delegates  on  the  "Sufl'rage  Basis" 

*  See  note  on  page  12. 


14  CONSTITUTION    OF   VIRGINIA.* 

as  aforesaid :  and  each  voter  shall  cast  his  vote  in  favor  of  one  of  said  schemes  of' 
apportionment,  and  no  more. 

6.  It  shall  he  the  duty  of  the  sheriiFs  and  other  officers  taking  said  polls,  to  keep 
the  same  open  for  tlie  period  of  three  days,  and  within  five  days  after  they  are 
closed,  to  certify  true  copies  thereof  to  the  governor,  who  shall,  as  early  as  m.iy  be, 
ascertain  the  result  of  said  vote,  and  njake  proclamation  thereof;  and  in  ease  it  is 
ascertained  that  a  majority  of  all  the  votes  cast  is  in  favor  of  either  of  the  prin- 
ciples of  representation,  referred  as  aforesaid  to  the  choice  of  the  votirs,  the 
governor  shall  communicate  the  result  of  such  vote  to  the  general  assembly,  at  its 
first  regular  session  thereafter;  but  in  case  it  is  ascertained  that  a  majority  of  all 
the  vote's  cast  is  not  in  favor  of  either  of  the  principles  of  representation  referred 
as  aforesaid  to  the  choice  of  the  voters,  it  shall  be  the  duty  of  the  governor,  as 
soon  as  may  be  after  ascertaining  that  fact,  in  like  manner  to  cause  the  voters  to 
decide  between  the  two  principles  of  representation  which  shall,  at  such  previous 
voting,  have  received  the  greatest  number  of  votes;  and  he  shall  ascertain  and 
make  pro(?lamation  of  the  result  of  the  said  last  vote,  and  communicate  the  same 
to  the  general  assembly  at  its  next  regular  session  ;  and  in  either  case,  the  general 
assembly,  at  the  regular  session  thereof,  which  shall  be  held  next  after  the  taking 
of  the  vote,  the  result  of  which  shall  have  been  so  communicated  to  it  by  the  ^- 
vernor,  shall  reapportion  representation  in  the  two  houses  respectively  in  accord- 
ance with  the  principle  of  representation  in  each,  for  which  a  mnjority  of  the 
votes  cast  were  given  ;  and  it  shall  be  the  duty  of  the  general  assembly  in  every 
tenth  year  tliereafter  to  reapportion  and  distribute  the  number  of  senators  and 
delegates  in  accordance  with  the  same  principle.  4 

Qualijications  of  Senators  and  Delegates. 

7.  Any  person  may  be  elected  senator,  who,  at  the  time  of  election,  has  attained 
the  age  of  twenty-five  years,  and  is  actually  a  resident  within  the  district,  and 
qualified  to  vote  for  members  of  the  general  assembly,  according  to  this  constitu- 
tion. And^ny  person  may  be  elected  a  member  of  the  house  of  delegates,  who, 
at  the  time  of  election,  has  attained  the  age  of  twenty-one  years,  and  is  actually  a 
resident  within  the  county,  city,  town  or  election  district,  qualified  to  vote  for 
members  of  the  general  assembly  according  to  this  constitution ;  but  no  person 
holding  a  lucrative  office,  no  minister  of  the  gospel  or  priest  of  any  religicius  de- 
nomination, no  salaried  officer  of  any  banking  corporation  or  company,  and  no 
attorney  for  the  commonwealth,  shall  be  capable  of  being  elected  a  member  of 
either  house  of  assembly.  The  removal  of  any  person  elected  to  either  branch  of 
the  general  assembly  from  the  county,  city,  town  or  district  for  which  he  was 
elected,  shall  vacate  his  office. 

Powers  and  Duties  of  the  General  Assemhly. 

8.  The  general  assembly  shall  meet  once  in  every  two  years,  and  not  oftener, 
unless  convened  by  the  governor  in  the  manner  prescribed  in  this  constitution. 
No  session  of  the  general  assembly,  after  the  first  under  this  constitution,  shall 
continue  longer  than  ninety  days,  without  the  concurrence  of  three-fifths  of  the 
meraber.s  elected  to  each  house ;  in  which  case,  the  session  may  be  extended  for  a 


CONSTITUTION   OF   VIRGINIA.  ,  16 

« 
farther  period,  not  exceeding  thirty  days.     Neither  house,  during  the  session  of 

the  general  assemhly,  sliall,  without  the  consent  of  the  other,  adjourn  for  more 

than  three  dajs,  nor  to  any  other  place  than  that  in  which  the  two  houses  shall  be 

sitting.     A  majority  of  each  house  shall  constitute  a  quorum  to  do  hiisiness,  but  a 

smaller  number  may  adjourn  from  day  to  day,  and  shall  be  authorized  to  compel 

the  attendance  of  absent  members  in  such  manner  and  under  su;*h  penalties  as 

each  house  may  provide. 

9.  The  house  of  delegates  shall  choose  its  own  speaker,  and,  in  the  absence  of 
the  lieutenant  governor^  or  when  he  shall  exercise  the  office  of  governor,  the  senate 
shall  chopse  from  their  own  body  a  president  pro  tempore ;  and  each  house  shall 
appoint  its  own  officers,  settle  its  o^n  rules  of  proceeding,  and  direct  writs  of  elec-' 
tson  for  supplying  intermediate  vacancies :  but  if  vacancies  shall  occur  during  tho 
recess  of  the  general  assembly,  such  writs  may  be  issued  by  the  governor,  under 
such  regulations  as  may  be  prescribed  by  law.  Each  house  shall  judge  of  the 
election,  qualification  and  returns  of  its  members,  may  punish  them  for  disorderly 
behavior,  and,  with  the.  concurrence  of  two-thirds,  expel-  a  member,  but  not  a 
second  time  fur  the  same  offence. 

10.  The  members  of  the  assembly  shall  receive  for  their  services  a  compensa- 
tion, to  be  ascertained  by  law,  and  paid  out  of  the  public  treasury ;  but  no  act  in- 
creasing such  compensation  shall  take  effect  until  after  the  end  of  the  term  for 
which  the  members  of  the  house  of  delegates  voting  thereon  were  elected.  And 
no  senator  or  delegate,  during  the  term  for  which  he  shall  have  been  elected,  shall 
be  appointed  to  any  civil  office  of  profit  under  the  commonwealth,  which  has  been 
created,  or  the  emoluments  of  which  ha^e  been  increased,  during  such  term,  ex- 
cept offices  filled  by  elections  by  the  people. 

11.  Bills  and  resolutions  may  originate  in  either  of  the  two  houses  of  the  ge- 
neral assembly,  to  be  approved  or  rejected  by  the  other,  and  may  be  amended  by 
either  house,  with  the  consent  of  the  other. 

12.  Each  house  of  the  general  assembly  shall  keep  a  journal  of  its  proceedings, 
which  shall  be  published  from  time  to  time,  and  the  yeas  and  nays  of  the  members 
of  either  house,  on  any  question,  shall,  at  the  desire  of  one-fifth  of  those  present, 
be  entered  on  the  journal.  No  bill  shall  become  a  law  until  it  has  been  read  on 
three  different  days  of  the  session  in  the  house  in  which  it  originated,  unless  two- 
thirds  of  the  members  elected  to  that  house  shall  otherwise  determine. 

13.  The  whole  number  of  members  to  which  the  state  may  at  any  time  be  enti- 
tled in  the  house  of  representatives  of  the  Confederate  States,  shall  be  apportioned 
as  nearly  as  may  be  amongst  the  several  counties,  cities  and  towns  of  the  state, 
Eccording  to  their  respective  numbers ;  which  shall  be  determined,  by  adding  to 
the  whole  number  of  free  persons,  including  those  bound  to  service  for  a  term  of 
years,  and  excluding  Indians  not  taxed,  three-fifths  of  all  other  persons. 

14.  In  the  apportionment,  the  state  shall  be  divided  into  districts,  corresponding 
in  number  with  the  representatives  to  which  it  may  be  entitled'  in  the  house  of  re- 
presentatives of  the  congress  of  the  Confederate  States,  which  shall  be  formed  re- 
spectively of  contiguous  counties,  cities  and  towns,  be  compact,  and  include,  a3 
nearly  as  may  be,  an  equal  number  of  the  population,  upon  which  is  based  repre- 
sentation in  the  house  of  representatives  of  the  Confederate  States. 


16  CONSTITUTION    OF   VIRGINIA^ 

15.  The  privilege  of  the  ',vrit  of  habeas  corpris  shall  cot  in  any  case  be  suspended. 
,The  general  assembly  sliall  not  pass  any  bill  of  attainder;  or  any  ex  post  facto 
law;  or  any  lav/  impairing  the  obligation  of  contracts;  or  any  law  whereby  private 
property  shall  be  taken  for  public  uses  without  just  compensation;  or  any  law 
abridging  the  freedom  of  speech  or  of  the  press.  No  man  shall  be  compelled  to 
frequent  or  support  any  religious  worship,  place  or  ministry  whatsoever;  nor  shall 
any  man  be  enforced,  restrained,  molested  or  burthened  in  his  body  or  goods,  or 
otherwise  suffer,  on  account  of  his  religious  opinions  or  belief;  but  all  men  shall 
be- free  to  profess,  and  by  argument  to  maintain  their  opinions  in  matters  "of  reli- 
gion, and  the  same  shall  in  nowise  affect,  diminish  or  enlarge  their  civil  capacities. 
And  the  generdl  assembly  shall  not  prescribe  any  religious  test  whatever;  or  con- 

■  fer  any  peculiar  privileges  or  advantages  on  any  sect  or  denomination ;  or  pass 
any  law  requiring  or  authorizing  any  religious  society,  or  the  people  of  any  district 
within  this  commonwealth,  to  levy  on  themselves  or  others  any  tax  for  the  erection 
or  repair  of  any  house  for  public  worship,  or  for  the  support  of  any  church  or  mi- 
nistry ;  but  it  shall  be  left  free  to  every  person  to  select  his  religious  instructor,  and 
to  make  for  his  support  such  private  contract  as  he  shall  please. 

16.  No  law  shall  embrace  more  than  one  object,  which  shall  be  expressed  in  its 
title;  nor  shall  any  law  be  revived  or  amended  by  reference  to  its  title,  but  the  act 
revived  or  section  amended  shall  be  re-enacted  and  published  at  length. 

17.  The  general  assembly  may  provide  that  no  person  shall  be  capable  of  hold- 
ing, or  being  elected  to,  any  post  of  profit,  trust  or  emolument,  civil  or  military, 
legislative,  executive  or  judicial,  under  the  government  of  this  commonwealth, 
who  shall  hereafter  fight  a  duel,  or  send  or  accept  a  challenge  to  fight  a  duel,  the 
probable  issue  of  which  may  be  the  death  of  the  challenger  or  challenged,  or  who 
shall  be  second  to  either  party,  or  shall  in  any  manner  aid  or  assist  in  such  duel, 
or  shall  be  knowingly  the  bearer  of  such  challenge  or  acceptance ;  but  no  person 
shall  be  so  disqualified  by  reason  of  his  having  heretofore  fought  such  duel,  or  sent 
or  accepted  such  challenge,  or  been  second  in  such  duel,  or  bearer  of  such  chal- 
lenge or  acceptance.  • 

18.  The  governor,  lieutenant  governor,  judges,  and  all  others  offending  against 
the  state,  bj^  mal-administration,  corruption,  neglect  of  duty,  or  other  high  crime 
or  misdemeanor,  slmll  be  impeachable  by  the  house  of  delegates  and  be  prosecuted 
before  the  senate,  which  shall  have  the  sole  power  to  try  impeachments.  When 
sitting  for  that  purpose  they  shall  be  ow  oath  or  afiirination ;  and  no  person  shall 
be  convicted  without  the  concurrence  of  two- thirds  of  the  members  present.  Judg- 
ment, in  cases  of  impeachment,  shall  not  extend  further  than  to  removal  from 
office,  and  disqualification  to  hold  and  enjoy  any  office  of  honor,  trust  or  profit 
under  the  commonwealth  ;  but  the  party  convicted  shall  nevertheh^ss  be  subject  to 
indictment,  trial,  judgment  and  punishment,  according  to  law.  The  senate  may 
sit,  during  the  recess  of  the  general  assembly,  for  the  trial  of  impeachments. 

Slaves  and  Free  Negroes. 

19.  Slaves  hereafter  emancipated  shall  forfeit  their  freedom  by  remaining  in  the 
commonwealth  more  than  twelve  months  after  they  become  actually  free,  and  shall 
be  reduced  to  slavery  under  such  regulation  as  may  be  prescribed  by  lawt 


CONSTITUTION    OF   yiRGINIA.  17 

£0.  The  gpiicral  assembly  niaj'  impose  puch  restiictions  and  cnmlitionsiis*  they 
shall  iU'»*iii  |iritii('i- <m  ihe  jxiwer  (if  slaveowners  to  eiimiieii>ate  their  ^laves;  and 
tnaj-  pass  hiws  tor  tln'  lelief  of  the  euuiiuouwealth  fiom  the  free  ue^>  population, 
by  leiiioval  (If  otiieiwise. 

21.  'J'lie  g'ciieiiil  a^iscnihly  shall'  not  omancipate  nny  slave,  or  the  clesccnilant  of 
any  slave,  either  before  or  after  the  birth  of  isueli  descendant. 

Taxation  and  Finance, 

22,  2.3,  amended  by  ordinance  of  state  convention,  No.  S9,  which  was  ratified 
lij-  \ote  of  the  people  on  the  fourth  Thnrsd.iy  in  May  eigliteen  handled  and  fixty- 
oue,  t(»  take  ell'eet  on  the  first  July  eij^hteeu  hundred  and  bixly-oue,  so  as  to  read 
as  foil.iws; 

"Taxation  shall  be  equal  and  uniform  tlirougliout  the  commonwealih ;  and  all 
propel ty  shall  be  taxed  in  proportinn  to  its  value,  which  shall  be  ascertained  in 
«uch  manner  as  may  be'prescrilxd  by  law;  but  any  property  may  be  exempted 
from  taxation  by  ihe  vote  of  a  majority  of  the  whole  number  of  members  elected 
to  each  lumse  of  the  general  assendily." 

24.  A  capitation  tax,  e<jual  to  tin;  tax  assessed  on  land  of  the  value  of  two  hnn- 
.<lred  dollars,  siuill  be  levied  on  every  white  male  inhabitant  who  has  attained  the 
age  ot  twenty-one  years;  and  one  ((jual  ui- iety  of  the  capitatiion  tax  ujion  whit© 
peiStms  sliall  be  applied  to  the  purposes  of  education  in  ])rimary  and  free  schools; 
but  nothing  herein  contained  shall  prevent  exemptions  of  taxable  polls  in  cases  of 
bodily  inlirinity. 

25.  The  general  assembly  rany  levy  a  tax  on  incomes,  salan'es  and  licenses;  but 
sio  tax  shall  be  levied  on  inoperty  fr<im  wliich  any  income  so  taxed  is  derived,  or 
i.n\  the  capital  inveisted  iu  the  trade  or  business  in  respect  to  which  the  license  so 
taxed  is  issued. 

20.  No  money  shall  be  drawn  from  the  treasury  but  in  pursuance  of  appropria= 
ti<  lis  nuide  by  law;  and  a  statement  of  the  receipts,  disbursements,  appropriationg 
*nd  loans  shall  be  published  after  the  adjournment  of  each  session  of  the  general 
assembly,  with  the  acts  and  resolutions  thereof. 

27.  On  the  passage  of  ever)'  act  which  imposes,  continues  or  revives  a  tax,  or 
•creates  a  debt  or  charge,  or  makes,  continues  or  retives  any  appropriation  of  pub- 
lic or  trust  money  or  jiroperty,  or  releases,  discharges  or  connnntes  any  claim  or 
ilemand  of  the  state,  the  vote  shall  be  determined  by  yeas  and  nays,  and  the  names 
-of  the  persons  voting  for  and  against  the  same  shall  be  entered  on  the  journals  (-f 
the  respective  houses,  and  a  minority  of  all  the  members  elected  to  each  liousa 
shall  be  necessary  to  give  it  the  force  of  a  law. 

28."  The  liability  to  the  stjite  of  any  incorporated  company  or  institution  in  re- 
<deem  the  principal  «and  pay  the  interest  of  any  loan  heretofore  nrade,  or  which 
may  hereafter  be  made  by.  the  state  to  such  company  or  institution,  shull  not.bo 
released ;  and  the  general  assembly  shall  nat  pledge  the  faith  of  the  state,  oi^bind 
at  iii  any  form,  for  the  debts  or  obligations  of  any  company  or  corporatiau, 
2 


18'  COXSTITUTIOX    OP   VIRGINIA. 

29.  There  pIimU  ho  set  nMOvt  aiinnaMy,  from  tlie  pccniinp:  revcnnes,  n  Piim  eqnnl 
to  eeveii  |'*'iJKii'"-  "f  t''e  state  <lelit  exir*tiii>j  on  the  first  (hiy  of  J.iiiuurv  in  the  vear 
one  thousiiixl  eij^Iit  hundred  and  fit'rv  f"o.  The  land  thus  set  apart  shall  hfi-alle»l 
llie  Sinking  fnnd.  and  shall  he  apjdied  to  the^)ayinent.  of  the  intere>t  of  the  statu 
cli-bt,  and  tlie  i)riinij)al  of  sneh  ,  art,  as'  may  he  redcemahh'.  If  no  part  he  re- 
«leeniahhs  then  the  residue  of  the  sinking-  fnnd,  after  the  |)aAnient  of  sneh  interest, 
^hall  hi'  invi  sted  in  thf  bonds  or  ceitilicates  of  del)t  of  this  i;oinnion\v<  alth,  or  of 
the  Confederate  Stiites,  or  of  sotue  of  tlie  states  of  this  Confederai-y,  and  ajijtlied 
to  the  pnyineiit  of  the  state  deht  as  it  shall  b.come  redeemahlo.  Win-never,  alter 
the  said  first,  day  of  January,  a  doht  phall  he  contricted  by  the  commonwealth, 
there  shall  be  set  ai)art  in  like  manner,  annuHlly.  h>r  thirty  four  yt-ars,  a  siini 
«'xceeding  by  one  per  cent,  the  ajjirn-gate  amount  of  the  annual  interest  agreeif  to 
be  paid  till  reon  at  the  time  of  its  contraction;  which  sum  shall  he  part  of  tho 
linking  fuiiil,  and  shall  be  applied  in  tiie  manner  belore  dir<  cted.  Thegeiieial 
5is"-:embly  phall  not  otherwise  appropriate  any  part  of  the  sinking  fund  or  its  accvu- 
irg  interppt,  except  in  time  of  war,  insuiTection  or  invasion. 

SO.  The  general  assembly  may.  at  any  time,  direct  a  sale  of  the  stocks  held  by 
the  cmiinniiivvealth  in  internal  improvement  and  other  companies;  hut  the  pro- 
ceeds of  sncli  sale,  if  made  before  the  payment  of  the  public  deht,  shall  cuiistituto 
a  part  of  ihe  sinking  fund,  and  be  applied  in  like  inann>.r. 

.°U.  The  geiieiaJ  assembly  shall  not  contract  loans  or  cause  to  be  issued  certifi- 
cates  of  d'  bt  or  lioiids  of  the  state,  irredeemable  for  a  period  greater  than  thiity- 
four  3  earsj.  '  ^ 

General  PrDvinions. 

32.  The  general  assembly  fhall  not  grant  a  charter  of  incorporation  to  any 
idiuich  or  religions  denomination,  hut  may  secure  the  title  to  churcli  propel ty  to 
an  extent  tt>  be  limited  by  law. 

33.  No  jittery  shall  hereafter  be  authorized  by  law;  and  the  buying,  selling  or 
tiansferiing  of  tickets  or  chai.ces  in  any  luiteiy  not  now  authorized  liy  ii  law  of 
this  state,  shall  be  prohibited. 

34.  No  new  comity  shall  be  formed  with  an  area  h  ss  than  six  hundred  8(]uarc 
Jiiiles;  nor  shall  the  county  or  counties  from  which  it  is  honied  he  reduc«  d  below 
that  area  ;  nor  shall  any  county,  h  iving  a  white  population  less  than  five  t]ioti<aiid, 

I  ^lie  deprived  of  more  than  one  filth  of  such  pojiiilatimi ;  nor  sliall  a  county  having 
H  larger  vhite  po|nihiiii»n  he  reduced  below  four  thousand.  IJiii,  any  county,  the 
length  of  which  is  three  times  its  mean  breadth,  or  which  exe»  eds  fifty  miles  in 
length,  may  be  diviiled  at  the  discretion  of  the  general  assembly.  In  all  gein'ral 
*  lections  the  voters  in  any  county,  not  entitled  to  separate  lepiesentatioii,  shall 
Vote  ill  the  same  eh  ction  distiict. 

3'.    The  general  assembly  shall  confer  on  the  coui  ts  the  power  to  grant  divorce^, 

•      eliaiige  the  nainen  of  persons,  ami  direct  the  sale  of  estates*  belonging  to  inl^ntj 

nnd  otiier  jtersons  under  legal   disabilities,  luit  shall  not,  by  speeial  legislation, 

graiif  relief  in  such  eases,  or  in  any  other  cisc  of  which  the  courts  or  other  tnhu- 

uals  may  hu\e  jurisdiction. 


COXSTITUTIOX    OF   VIKGINIA.  10 

on.  TliP  fj^raornl  a^peiiilily  sliall  provide  for  the  peiiodical  rPijir'tratinT)  in  the 
PC'MTiil  cuiiiitit's.' fi  i»'f<  aii<l  t.twiis,  of  tlie  voters  therein  ;  and  for  tlie  annual  rej^i^i- 
tratitMi  of  the  hiithis,  nririi;ij,'-it!  and  deatln  in  the  wliite  |io,-.ulation,  and  of  the 
birtiirf  and  deaths  in  tin-  i-ohned  |>o])ulatiiin  of  the  same,  distinguishing  betweeu 
the  unniliers'  ol  the  free  uohired  peivons  and  slaves. 

37.  Tlie  goneril  assejiihly,  at  intervals  of  five  yenrs  from  tlie  dafes  of  the  re- 
turns of  th<-  census  of  the  Confederate  States,  shall  c  luse  to  be  taken  a  ceiisJia 
and  sucli  statistics  of  tliis  state  as  may  be  prescribed  br  law;  which  census  aiul 
statistics  sliiill  lie  returned  to  the  secretary  of  tlie  coinitionweaifli,  uho  shall  com- 
pare and  correct  the  returns  and  report  the  same  to  the  g<iieral  assembly. 

33.  The  m  inner  of  con  lucHiig  and  m  iking  returns  of  elections,  of  deti-riiiining 
contested  eleetiniis  and  of  filling  viieancies  in  otlic ',  in  c:ises  not  speii  dly  |ir>»- 
vided.for  by  ihis  coiistituiioii,  jiuiil  lie  pietciibed  by  law;  but  special  elections  ta 
fin  vacaneies  in  the  ofTiC"-  of  jn^ge  of  ;iny  court  shall  be  for  a  full  term.  And  the 
general  assendjly  in  ly  declare  the  cases  in  which  any  office  shall  be  deemed  va- 
cant, wlieie  no  provi.-iou  is  m.ide  lor  that  purpose  in  this  coustitutiwii. 

AHTICLE  V. 

EXKCUTIVE   DEPAKTMEXT. 

Governor. 

1.  The  chief  executive  power  of  this  commonwealth  shall  be  vested  in  a 
gitvernor.  He  shall  hold  the  titlice  for  the  term  of  four  y<  ar-".  to  comimiice  on 
the  first  d  ly  of  Jiinnnry  next  succeeding  his  tdection.  and  be  inelij;ible  to  the  same 
offici*  fid'  the  term  next  suc-eednig  that  lor  which  he  was  elected,  and  to  any  other 
oliice  during  his  term  <  f  service. 

2  The  governor  shall  be  elected  by  the  voters,  at  the  times  and  places  of 
choosing  members  of  the  g-'iieral  assembly.  lifturns  of  the  «  hctiiuia  shall  be 
transmitted,  nii<ler  seal,  by  the  proper  otlicers,  to  the  st  en  tary  of  the  ciminon- 
Uealth,  who  shall  deliver  them  to  the  speaker  of  the  Iniiise  id"  delegates  (ui  the  Hrsk 
day  of  the  next  ses-ion  of  the  general  iissembl\ .  The  speaker  <d'  the  house  of 
delegates  siiall.  within  tme  week  thereafter,  in  the  presence  of  a  najniity  of  the 
senate  and  house  id"  <!■  legates  open  the  said  returns,  and  the  votes  shall  then  be 
counted.  The  person  having  tlie  higliest  nmnber  of  votes  shall  be  declared  elected ; 
but  if  two  or  more  s'oill  have  the  highi-st  and  an  iMjual  numlier  <d'  votes,  one  of 
tln-m  shall  be  chosen  governor  by  the  Joint  vote  of  the  two  houses  of  tlie  general 
assembly.  Cont»sti-d  <  lections  for  govi-riior  shall  be  decnb-d  by  u  like  Vote,  aiij 
the  mode  «)f  proceeding  in  such  cases  shall  be  piescrihed  by  law. 

3.  No  person  shall  lie  eligible  to  the  office  of  governor  unless  he  haa  attaineil 
the  iige  of  thiity  years,  is  a  native  citi/.i-n  of  the  Confederate  States,  and  has  Le.il 
a  citi/eii  of  Virginia  for  five  years  next  jireceding  his  election. 

4.  The  governor  shall  n-side  at  the  seat  of  government;  ►hall  receive  five  tliou- 
paml  dollaislor  each  year  of  his  services,  an  I  while  in  office,  jjliull  leceivc  nuuihcf 
eiuuluuieut  fium  this  or  any  other  ^uveruiiteiit. 


QQ  CONSTITCTION   OF   TIUGINIA. 

5.  Ho  shall  taico  circ  that  the  laws  ho  faithfully  oxcciUcd;  cnmmnnicato  "to  tho 
gf'ncral  ussenilil}'  at  every  ses.-ion  tlic  cniiditidii  nf  the  eoiuniDJiwealili ;  rccniiiMienil 
to  thi-ir  emiyidi'iiitiun  such  measures  as  he  may  tleein  expeilieiit ;  and  eanveiie  tlio 
general  as.-^emhly  on  ap>)licati(>n  of  a  niiij'iiity  of  the  meinhers  »if  both  liouses 
thereof,  or  uhiMi  ill  his  ojtinion  the  iiiteres^t  of  the  coninionwealth  may  riMpiire  it. 
He  phall  be  comniander-iii-ehief  of  tlie  laml  and  naval  foreo.-;  of  the  et.it e ;  havo 
power  to  embody  the  militia  to  rfpel  invasion,  suppress  insurrection,  and  enforce 
the  execution  of  the  laws;  conduct,  either  in  person  or  in  such  other  manner  as 
elmll  be  prescribed  by  law,  all  intercoin'se  with  other  and  foreign  states;  and, 
during  the  recess  of  the  general  assembly,  fill,  pro  tempore,  all  vacancies  in  those 
offices  fur  whicli  the  constitution  and  laws  make  no  [irovision  :  but  Iii-<  appoint- 
Bients  to  such  vacancies  shall  be  l>y  commissions  to  expire  at  the  end  of  thirty 
days  after  the  commencement  of  the  next  se.-^sion  of  the  j^eneral  assenddy.  IIo 
ghall  have  power  to  remit  fines  and  penalies  in  such  cases  and  under  such  rules 
and  regulations  as  may  be  prescribed  by  law ;  ami,  except  when  tlie  prosecution 
lijus  been  cariied  on  by  the  house  of  delegates,  or  the  law  t<hal!  otherwise  particu- 
larly direct,  to  grant  reprieves  and  pardons  alter  conviction,  itud  to  commute  capital 
jjunie-hment ;  but  he  shall  C(mimunieate  to  tlie  general  assemldy,  at  each  session, 
t!ie  particulars  of  eveiy  case  of  fine  nr  per.alty  remitted,  of  reprieve  (  r  4)ardon 
granted,  and  of  punitluneu.t  coijirauted,  with  his  reasons  fur  remitting,  granting  or 
commuting  the  same.  » 

C.    lie  may  require  information  in  writing  from  the  oiBcers  in  the  executive  de- 
partment, upon  any  subject  relating  to  the  .duties  of  their  respective  offices;  and 
.may  also  reauire  the  opinion  in  wiiting  of  the  attorney  general  up(ni  any  tpiestiou 
of  law  connected  with  his  official  duties. 

7.  Commissions  and  grants  shall  run  in  the  naine  of  tho  common.wealth  of  Vir- 
ginia, uud  be  attested  by  the  governor,  w  ith  the  sc  al  of  the  common  weak h  annelid. 

Lieutenant  Governor. 

8.  A  lieutenant  governor  shall  be  elected  at  the  same  time,  and  for  the  same 
term  as  the  governor,  and  Lis  qualification  and  the  manner  of  Idi  election  in  all 
respects  shall  be  the  same. 

9.  In  cas»of  the  removal  of  the  governor  from  offico,  or  of  his  death,  failure  to 
qualify,  resignation,  removal  frmn  the  state,  or  inability  to  discharge  the  powers 

i  and  duties  of  the  <»ffice,  the  said  office,  with  its  comix'iisjition.  shall  devolve  upon 
•■the  lieutenant  governor;  and  the  general  assembly  shall  provide  by  law  for  the 
,!  discharge  of  the  executive  functions  in  other  necessaiy  cases. 

10.  The  lieutenant  governor  "shall  be  president  of  the  senate,  but  shall  have  no 
vote;  and  while  acting  as  such,  shall  receive  a  compensation  c({ual  to  that  allowed 

*t,to  the  speaker  of  the  house  of  delegates. 

Secretary  of  the   Commonwealth,   Treasurer  and  Auditor, 

11.  A  pecrdtary  of  the  commonwealth,  treasurer  and  an  auditor  of  public  ac- 
counts shall  be  elected  by  the  joint  vote  «)f  the  two  houses  of  the  general  assembly, 
and  continue  in  office  for  the  term  of  two  years,  uuless  sooner  removed. 


co^;sTiTUTrox  of  yieginia.  .  21 

12.  The  PccvctniT  sliall  keep  a  reennl  of  the  official  nets  of  the  gr.vornor,  wliich 
shiiil  lie  sigiK-il  liy  the  j^dvcnior  and  attested  hy  the  f^eeietan  ;  and  when  required, 
h<^  !<hiill  la}-  the  same,  and  any  papers,  minutes  and  v«iULlieii3  peitaining  to  his 
offii;e,  hi  hire  eiiiier  luirise  of  the  general  atseniLly  ;  and  thall  peilurni  such  other 
duties  as  niii^  be  preseiihed  hy  law. 

13.  The  powers  and  duties  of  the  trcfisurer  and  auditor  shall  be  eu.ch  as  now 
are,  or  may  be  hereafter  prescribed  bj'^  law. 

Board  <f  Puhllc    Works. 

14.  There  shall  he  a  hoard  of  jihhlic  works,  to  consist  of  three  coTamisj^ioners. 
The  state  i<lia!l  he  divided  into  three  districts,  containing-  as  ncraly  as  may  be 
equal  nnmhers  of  voters,  and  tiie  voters  of  each  district  sliall  elect  one  commis- 
sioner, whose  term  of  office  shall  be  six3'ears;  but  of  iliose  ^rst  elected,  one,  to 
be  designated  by  lot,  shall  remain  in  office  fnr  two  years  only,  and  one  other,  to  be 
designated  in  like  manner,  shall  remain  in  office  lor  four*years  only, 

15.  The  general  as  e.nhly,  at  its  first  session  after  the  adoption  of  this  consti- 
tution, sliall  pntvide  f.-r  tlie  election  and  coniiiensation  of  fhe  c ammissioners,  and 
th'e  organization  (if  the  board.  'I'he  c(nnmissiuners  lirst  elected  siiall  assemble  on, 
a  day  to  be  appointed  by  law,  ancl  dicide  by  lot  the  order  in  \\hich  thc:r  terms  of 
service  shall  e.\[iire. 

in.  The  board  of  public  works  shall  app.iint  all  officers  cmphiycd  on  the  pul.lio 
works,  and  all  persons  nqiresenfing  the  interest  of, the  commonwealth  in  works  ♦►f 
iiiteiiial  unprovement,  and  shall  perfurm  such  other  duties  as  may  be  prescribed 
by  law. 

17.  TIic  members  of  the  board  of  public  work's  may  be  removed  by  the  con- 
current vote  of  a  m;ij(nity  of  all  the  members  elected  Co  each  house  of  the  gener.,1 
assembly  ;  but  the  cause  of  removal  sh.ill  he  entered  on  tlie  journal  of  ea^h  house. 

13.  The  general  assembly  shall  have  power,  by  a  vote  of  tliree-fifths  of  the 
members  eh-cted  to  each  house,  to  abolish  said  board  whenever  ia  their  opinion  a 
bward  ot  puhlie  worUs  sliall  no  longer  be  necessary.  • 

M'd'Uia. 

19.    The  manner  of  appointing  niibtia  officers  shall  be  prescribed  by  law. 

^  ARTICLE  VI. 

JUDICIARY   DEPARTJIEXT.  , 

f 

1.  There  shall  bo  a  supreme  court  of  apjieals,  district  courts  and  ci'"cuit  court?. 
The  jurisdiction  of  these  tuihunals,  and  of  the  jidges  thereof,  except  so  far  as  iho 
same  is  conferred  by  this  cunsLitutiou,  shall  l)e  r.  guhited  by  law. 

Judicial  Divisions. 

2.  The  st  lie  shall  be  divided  into  twenty-oiie  judicial  circuits,  ten  districts  aiid 
live  sections.  • 


22  CONSTITUTION    OF    VIRGINIA. 

T.  Tlip  roiintips  nf  Princfcfs  Anro.  Norfolk,  \H»'=p">orr\  T-;To  of  Wio-ljf.  Si>iiH'fimp}on, 
Gic'iK'svil  e,  Siirry  and  Sussex  aud  tbe  city  of  ^ioituik  shall  constitute  tl  e  first  circuit. 

IT.  The  ciiuiitios  of  T'rin'^p  Gporprp.  I'inwirldii',  Bruti-w  iik,  Mecklfiihnijr,  T.utenbnrgj, 
N  H(n\Hy.  An.plia.  Chesterfield  and  Powhatan  and  the  citj  of  Petersburg  shall  cnnstituto 
the  si'coiid  circuit. 

III.  The  coiintipo  of  rnnibprlaiid,  Buckinjrham,  Appomattox,  Campbell  Prince  Edward, 

Charlotte  iind  Halifax  ;ind  ihe  town  vf  Lynchbmg  shall  coii-tiiiite  ihe  fliird  circuit. 

IV.  Tlie  fouitties  of  Pittsylvania,  Bedford,  Frnnklin,  Patrick  and  H^jny  .shall  constitute 
tile  fourth  circuit. 

V.  Tht^  counties  of  Accomack  aud  Northampton  shall  constitute  the  fiftli  circuit. 

VI.  Th>'  conntics  of  E  izabpth  City,  Warwick,  York  (ikuicestev,  MHtthfws.  Midd'espx, 
IT  iiiico,  K<  w  Kent,  Charles  City  and  James  City  unci  tke  city  of  WiUiauisbuig  hhall  cou- 
etitute  the  sixth  circuit.  .     •  ■ 

VII.  Tlie  city  of  Kichmond  shall  be  the  seveuih  circuit. 

Vill.  Tlie  ciiuijties  of  l.am-aster,  Nurihuniberlaml,  Richmond,  Wcstmoreiaid,  King 
Geovp-e,  Spot.sylvaiiia.  Cnrolire,  Hanover,  Kii;g  William,  King  &  Queen  and  Essex  shall 
Coiisiitute  the  eighth  circuit. 

IX.  Tl'P  c  iHiiies  of  Stafford,  Prince  William,  A'cxandria.  Faiifax,  Loudoun,  Pam)uier 
aud  Ea])j)almiinock  shall  c<mstitute  the  ninth  circuit. 

X.  Tlie  counties  of  Culpeper,  Madisim,  Greene,  Orange,  Albemarle,  Louisa,  Fluvanna 
aod  Goochlami  shall  constitute  tie  tenth  circuit. 

XI.  The  counties  of  Nelson,  Amheist,  Kuckbii''ge,  Augu>ta  aud  Bath  shall  constitute 
tie  e  evtaith  circuit. 

X!I.  TliP  counties  of  Pendleton,  Highland,  lit)ckirjgham.  Page,  Sh>:'nandoah,  "Warren 
end  Hardy  shall  cousiitute  the  twelfth  ciicuit. 

XIII.  'J'lie  counties  of  t'laike,  Fiedeiick,  Hamp-hire,  Morgan,  Beikeley  and  Jefl.  rson 
shall  Constitute  the  thirteenth  cirruit. 

XIV.  'Ihe  couutips  of  Monroe,  Greenbri'^r,  Pocahnnta?,  Alleghany,  Botetourt,  Roanoke 
and  Craig  shall  constitute  the  fourteemh  ciicuit. 

XV.  The  counties  of  Gi'es,  Me>cer,  Ra'eigh,  Wyoming,  Logan,  Boone,  Fayette  and  Ni- 
cholas shall  constitute  the  tifleeiuh  circuit.*  ^  _  • 

XVI.  The  counties  of  Giaj'son,  Cairoll,  Wythe,  Floyd.  Pulaski  and  Montgon:ery  shall 
cousiitute  the  ssixtceuth  circuit  t 

XVII  The  counties  of  Smyth,  Tazewell,  Washii  gton,  Eu.s-eil,  Scott  and  Lee  shall  con- 
Btiriue  the  seveiiteei.th  circuit  + 

XVIII.  The  counties  of  Wayne,  Cabell,  Mason,  Jackson,  Putnam*  and  Kaiiawlia  .-ludl 
coiistituti^  tlie  eightei^uth  circuit. § 

XIX.  'Ihe  counties  of  Wood.  Wiit,  GiliiiPr,  Biaxton,  Lewis,  Ritchie,  Doddridge  aud 
I'.eu-ants  sliall  constirute  the  nineuenih  circuit. || 

XX.  The  counties  of  Hancock,  Brooke,  Oiiio,  Marshall,  Wetzel,  Tyler  and  Monongalia 
elia.l  constitute  ihe  twentieth  circuit.  .  # 

XXI.  Aud  the  counties  of  Harrison,  Marion,  Taylor,  Preston,  Barbour,  Randolph  aud 
Upshur  shall  CLUStitute  the  twenty-first  circuit.^ 

3.  The  fir.st  and  second  cifcuits  shall  congtituto  the  first  district ;  tlie  tliiid  und 
fiuitli  circuits  the  second  district;  the  fiflh,  sixth  und  scvciUli  circuits  the  lliiul 
district;  the  eighth  and  Jiii.tii  ciicuits  tiu-  lourih  di.-tiict;  tlu'  tcntli  and  eh'veutli 
ciicuits  the  fiftii  district;  tlie  tw«'lfth  and  tiiirtcenth  circuits  tlie  sixth  district;  tlio 
foui.teenth  and  lifteenth  cirriiits  the  seventh  district;  the  sixteeiifli  and  seveiiteentli 
circuits  the  eighth  district :  tlie  eightcentli  and  nitieiienth  ciicuits  the  ninth  tns- 
tiiet;  and  the  tweutieili  and  twent^'-fiivt  circuits  tlie  tenth  district. 

*ClHy  cminty  i«  nUactipd  t"  tVo  l.'itli  rirpiiit.  AftH  ]8."7-*'.  ch.  l.'"8,  J  !3  p.  11?.  Webster  conn'y  i<  at- 
tiKliKl  t.i  ti.e -aim- iircnit       A.  Is    8.=)9-00,  cii    47,  §  H    i.    i:() 

JT5l-in'l  c  iimv  is  Htti.e'n-d  to  the  16  ■    .irciiii.      AetJ    fHl^-fil.  rh   23,  §  12.  n   48. 

;\\i  ►•  eotiit.v  is  alrH<-li«(l  t..  tl.e  7  '•  ein-ui'  Aris  .toii-fi  .-li  i07.  §  3.  (.  89  Mil),  well  c"ii>  ty  ij 
e'tn.lit-(l  t.i  thi  H  111  e  ci'cnit  Ai-t»  lf-.',7  8,  ell.  ITS,  §  i"J,  l>  U7  Bucliaiiaii  c>  Uiii  v  in  utuiclieil  lu  llie  Bamo 
Cii'-.  it      ActH  lfc57-*,  cii    liifi,  §  i2,  j..  I  0 

6K..atiH  eoiiiity  is  iittiieli.-rt  f..  the  ISrh  (in  iijt.     Ap*«  18.'"6-7   .-h    lf9.  ^  1-4    f.  P4 

(I  C 'Uk.iiii  ei.niity  is  atta.li.d  to  the  19i     ■ir.nit.      /^cis    r.'')e7eh    i(t<    J    0,  |.   !•!. 

%  Taclicr  couuiy  iu  attuchi.d  tu  die  2Ut  cucuct.     Aeis  .8..t)-7,  ch.  llC,  §  J3,  p.  17. 


CONSTITUTION   OF   VIKGINIA.  23 

.  4.  Til'-  first  nnd  t^pcond  <listncts  slinll  cnnstitnte  the  first  section  ;  tlie  tliird  .-mkI 
fourth  (listrictft  tb(-  set-oiKl  sei-tioii  ;  tlie  fifih  nm1  sixth  districts  llie  tliird  Pfotion  ; 
th«  pevciith  Hiiil  eighth  distiicts  the  fourth  section :  and  the  ninth  and  tenth  districts 
the  filth  ^'ection. 

5.  The  jr<'n>'rn1  nsfscnilily  may,  at  the  i-nd  of  eight  years  after  the  adoption  of 
thin  constitutinn,  and  thcreiii'ter  at  iiiti-rvals  of  eight  ycnrs,  renrrangi'  the  -aid  c'r- 
enit:?,  difitiictis  and  si'ctiong,  and  fdnee  any  nuTolii^r  of  circuits  in  a  di-trict,  and  of 
districts  in  a  section  ;  but  each  eirenif  eloill  Ite  altogether  in  one  district,  and  each 
di-trict  in  one  secti'm  ;  and  there  shall  nut  hv  less  than  two  disiiiets  and  foi  r  cir- 
euiis  in  a  station,  and  the  nunilier  of  sectiuns  sluHI  not  he  incn.ase^l  or  diniiiiiahed. 

Circuit,   Courts. 

G.  For  each  (^rcnit  a  jnd^re  shall  he  elected  by  the  voters  tlicreof.  who  sliall  hold 
liis  ofl!ce  lor  the  Kriii  <if  <  ight  xears.  unhss  sooner  removi-d  in  the  nrannrr  pre- 
ficiibi-d  by  this  consiitntinn.  lie  shall  at  tlie  liinc  of  his  eh-eiion  l)e  at  h-ast  thiity 
years  <if  age,  and  during  his  contin'Uii.ce  in  olhce  sl'ull  res^idc-  in  the  circuit  <.f 
which  he  is  judge. 

7.  A  circuit  conrt  shall  be  held  at  least  fAvice  a  year  by  the  judge  of  each  cir- 
cuit, in  1  very  counfy  and  c<Mjior.itioii  tlierenf,  uhi-nin  a  circinf  cunit  ia  imw  nr 
may  hercatt'-r  i»e  established.  But  tin- jmlgt'S  in  the  same  di-lrict  nia\  be  required 
or  anfh(M'iz<d  to  hold  the  ctnirts  of  tl(rir  respective  circuits  alternately,  aud  a  judge 
of  one  circuit  to  hold  a  court  in  any  other  circn  t. 

District   Courts. 

8.  A  district  court  shall  be  held  at  least  once  a  year  in  every  district,  by  the 
judg<'s  of  the  I  inuits  conslituting  ihe  roction  and  the  judge  of  the  sui>ienie  comt 
ui  appeals  fur  the  section  of  whicii  the  district  forms  a  j)ait,  any  ilnie4if  wlmni 
may  hoM  a  conit;  l)nt  uo  judge  shall  sit  or  dtci<le  upon  any  appeal  t  Jien  from  U'm 
own  deeisn»n.  The  judge  of  the  suprenie  court  of  ajipeals  td'  one  si  criou  may  sit 
in- the  district  courts  of  another  section,  wlnn  required  or  autiiorized  by  law  to 
«3o  so. 

9.  The  district  courts  shall  not  have  original  jurisdiction,  except  in  cases  of  La- 
Leas  corpus,  niandunius  and  prohibition. 

Court  of  A  {I peals. 

10.  For  each  section  a  judge  shall  be  elected  by  the  voters  thereof,  who  shall 
hold  his  nffice  for  the  term  of  twelve  yeais,  unless  sooner  removed  in  the  ui.mneif 
pre^crlbed  by  this  constitution,  lie  shall  at  the  time  of  his  election  be  at  It  ast 
thirty  five  years  of  age,  and  during  his  contiuuaixi;  in  othce  reside  in  th«  sectiou 
fttr  which  he  is  eb  cted. 

11.  The  supreme  court  of  appials  shall  consist  of  the  five  j'ulgep  so  eWted, 
an}'  three  of  whom  nmy  hold  a  court  It  sliall  have  api»ellate  jurisdiction  mi\y, 
exeepi  ill  eases  of  h  liieas  eorpu-s,  mandamus  ami  pridiibirion.  It  shall  not  lutvo 
jari»diotiou  ill  civil  u.iuscs  where  the  matter  in  controver.-y,  txolusue  uf  vMBki  ki 


24:  COXSTITUTION    OF   VIRGINIA. 

Jos-s  in  v-.ino  or  nmnnnt  flinn  five  Imndre;'!  di.l'niv,  oxc-cpt  in  contrnTorsios  cnn- 
coniii.'g  tlie  title  or  Ixuindarios  of  ];i!h1,  the  nrohafe  of  n  \\ill.  tlic  i'])|)oiiitinci)t  or 
qualifii-ntioii  of  h  pcvponnl  rej^roj^eitiitivc,  guardian,  confmittce  or  curator;  or  con- 
Ci'ming  a  irii!!,  rosif],  waj-,  ferry  or  liiidiiig,  or  the  right  of  a  cor]iorati<in  or  of  a 
coiiiitv  to  levy  tiill-!  or  tnxes;  ami  except  in  cases  ot  habeas  cor|HH,  mandamus 
and  prohibiti(Mi,  and  cases  invulviiig  freedom  or  the  cjastitutionalit^-  of  a  hiyy. 

12.  Sitccial  courts  of  appeals,  to  consist  of  not  less  tlian  tliree  nor  more  tlian 
five  judges,  ma}"  bo  furmed  of  the  judges  of  the  supreme  court  of  appeals  ai.d  of 
the  circnir.  courts,  or  tray  of  thern,  to  tr_y  ai'V  cases  remaining  on  the  dockets  of 
tlie  present -c<tui:t  of  appeals  wlien  t!ie  judges  thereof  cea^e  to  hi  Id  tlieir  oHiees;  or 
to  tiy  any  cases  which  niny  bi-  on  flu-  dockets  of  the  suj-.renie  court,  of  apiJijils 
esfablislieil  by  this  constitution,  in  resjx'ct  to  which  a  mnjoiity  of  ihe  judges  of 
said  court  may, be  so  situated  as  to  make  it  improper  for  them  to  sit  on  the  hear- 
ing thereof. 

I'i.  When  a  judgment  nr  decree  is  reversed  or  alTirmed  by  tlie  supreme  court  of 
appeals,  the  rea>-ous  therefor  shall  be  stated  in  writing,  and  pieserved  with  the  re- 
CDid  of  the  case.  • 

General  Provisions.- 

14.  Judges  shall  be  commissioned  by  the  governor,  and  shall  rfceive  fixed  and 
ad'-(juate  salaries,  which  shall  not  he  diuiinislied  during  tlicir  continuance  in  (dlice. 
Tlie  sah-iry  of  a  judge  of  the  suprenu'  court  i4'  appeals  slnill  not  l>e  less  tiian  tlnco 
thousand  doljjirs,  and  lliat  of  a  judge  of  a  circuit  court  luvt  h-ss  than  two  tliousand 
dollars  per  annum,  excejjt  that  of  llie  judge  of  the  fiftli  circuit.  whiL-h  siiall  not  bo 
less  than  fifteen  hundred  dollars  per  annum;  and  each  shall  ncjive  a  reasonable 
allowance  f.tr  necessary  travol. 

15.  No  jiulge,  during  his  terra  of  service,  shnll  Imld  any  other  otlice.  appoint- 
ment or  puhlic  trust,  and  the  acceptauce  therenf  shall  vacate  his  judicial  office^; 
PAtr  sliall  he,  during  such  term,  or  within  one  year  thereafter,  be  clig'lde  to  any 
political  office. 

10.  No  elec'ion  of  judge  shall  be  held  within  thirty  days  of  th'e  time  of  ladding 
any  election  of  electors  of  president  and  vice-president  of  the  Cuni'ederate  States, 
of  members  of  congn-ss  or  of  the  general  assembly. 

17.  Judges  may  be  removed  from  nflice  by  a  oncu'ient  vote  of  both  houses  of 
the  general  assembly,  but  a  majority  of  all  tlie  members  elected  to  each  house 
jnu.st  ooncar  in  such  vote;  and  th.*  cfise  of'reini»val  shall  be  entered  on  the  jour- 
nal of  each  house.  The  jmlge  against  whom  the  general  assend)ly  nniy  be  about 
to  proceed,  shall  rec(  ive  notice  theretd",  uccom  panied  by  a  c  'py  of  tl^e  causes  al- 
leged f<n'  Ins  refnoval,  at  least  twenty  days  before  the  day  on  which  cither  bouse  of 
the  general  assembly  shall  act  thereui)un. 

13.  The  ofTicers  uf  the  supreme  courr  of  appeals  and  of  the  distiiet  couit-;  shall 
lie  appointed  by  the  said  couit^  respectively,  or  by  tlie  judges  lliereol  in  vacation. 
Their  duties,  compensation  anfl  ■tenure  of  office  shall  be  pretfcribed  by  law. 

19  The  Voters  of  each  c  lunty  or  CMriioration  in  \vhirli  a  circuit  enurt  is- held 
Dni!!  cbct  a  clerk  of  si;c'i  court,  whose  ti  r;u  uf  ollice  ^hall  he  fix  \cars.     TIic  ut- 


CONSTITUTION    OF   ^^RGINIA.  25 

toToy  for  the  comTnomvofilth,  olectctl  for  a  county  or  corporation  "nhorein  a  circuit 
CDurt  is  directed  to  l)e  lit-ld,  shall  l)e  attorney  fur  the  coniiiionwealth  for  tliut  touvt; 
l)iit  in  c  i!»c  a  vircnit  court  13  ht-ld  f(tr  a  city  or  f<ir  a  count}'  and  a  city,  there  shall 
lie  an  attorney  for  the  coiiimonwoaltli  ff)r  Mich,  to  he  (lected  hy  tlie  voters  of  suck 
city  or  county  and  city,  and  to  cntinue  in  office  for  tlie  term  of  f<iur  years.  The 
duties  and  compensation  of  these  officers,  and  ihe  mode  of  removing  them  from 
office,  shall  be  prescribed  by  law. 

20.  When  a  vacancy  shall  occur  in  the  office  of  clerk  of  any  court,  such  court 
itiay  appoint  a  cleik  pro  tempore,  who  shall  dt^charge  the  duties  of  ihe  office  until 
the  vacancy  is  filled. 

21.  The  general  assembly  shall  provide  r>r  the  compensalion  of  jurors,  hut  ap- 
propriations for  that  purpose  shall  not  be  made  from  the.  state  treasury,  except  in 
prosecutions  for  felony  and  misdemeanor. 

£2.  At  everj'  election  of  a  governor,  an  attorney  general  shall  be  elected  by  the 
voters  of  the  connnonwealtli  for  tlie  term  of  four  years.  He  sliall  be  commissioned 
by  tlie  governor,  shail  iicrbirin  sucli  duties  and  receive  such'corapen^atiou  as  may 
In*  prci-cribed  by  law,  and  be  removable  in  the  manner  presciibed  fur  the  removal 
of  judges. 

23.  Judges  and  all  other  officers,  whether  elected  or  appointed,  shall  continue 
to  (^.-charge  ihe  duties  of  tlnir  respective  offices  after  their  terms  of  service  have 
t'xpired,  until  their  succesjors  are  <iualified. 

24.  Writ*  shall  run  in  the  name  of  the  commonwealth  of  Virginio,  and  be  at- 
tested by  the  clerks  of  (lie  several  courts.  Iiidictmehts  shall  conclude,  against 
the  peace  and  dignity  of  the  commonwealth. 

Cuuniy   Courts. 

25.  There  shall  be  in  each  cnuiity  of  the  commonwealth  a  county  court,  "which 
ehall  be  held  monthly,  by  not  less  tlian  tliiee  imr  more  tiian  five  justices,  except 

when  tlie  law  shall  require  the  presence  (|f  a  greater  number. 

• 

2G.  Tlie  jurisdiction  of  the  said  courts  shall  be  the  same  as  that  of  the  existing 
county  ciuirts,  except  so  I'ar  as  it  is  modified  by  this  constitution,  or  may  bo- 
changed  by  law. 

27.  ]\ach  county  shall  be  laid  off  into  districts,  as  nearly  equal  as  may  be  in 
territory  and  population.  In  each  distrii^t  there- shall  be  elected,  by  the  voters 
thereof,  four  justices  of  the  peaee,  who  shall  be  commissioned  by  ihe  governor,  re- 
side ill  their  respective  districts,  and  hold  their  <iffiees  for  the  term  of  four  years. 
1"he  ju>tiees  so  elected  shall  choose  one  of  their  own  body,  who  shall  be  the  pre- 
siding justice  of  the  count}-  court,  and  whose  duty  it  fihall  be  to  attend  each  term 
of  said  court.  Tbe  other  justices  shall  be  classified  by  law  for  the  performance  of 
their  duties  in  court. 

23.  The  justices  shall  receive  for  their  services  in  court  a  per  diem  compensa- 
tion, to  be  ascertained  by  laAV,  and  paid  out  of  the  county  treasuiy;  and  shall  not 
receive  any  fee  or  emolument  for  other  judicial  services. 


23  COXSTITUTIOX    OF   VIRGINIA. 

£0.  Tlip  pnvror  and  Jiirisdiction  of  justices  of  the  peace  witliin  their  rcppcctivo 
counties  shall  be  prescribed  b}'  law. 

County  Officers. 

CvO;  The  voters  of  each  cnnnty  shall  ( Icct  a  clerk  of  the  connty  court,  a  surveyor, 
an  attorney  for  the  commonwealth,  a  sheriff,  and  so  many  c  >muiii<^ioners  of  tlio 
reviiiue  as  x\\ny  be  aiiihorized  by  law,  ulio  shall  huld  tiieir  respective  olBces  as 
follows:  The  clerk  and  the  surveyor  for  the  term  of  six  years;  the  uttttrney  for  tho 
tt'rni  of  four  years;  the  sheriff  and  tin- commissioners  for  the  t«rm  of  twn  yt-are. 
Constal)lis  and  overseers  of  the  poor  shall  be  elected  by  the  voters,  as  may  be  pre- 
scribed by  law. 

31.  The  officers  mentioned  in  the  preceding  section,  except  the  attorneys,  shall 
rcsi<lc  in  the  counties  or  districts  for  which  they  were  respectively  elected.  No 
person  elected  for  two  successive  terms  to  the  office  of  sheriff,  shall  be  re  elij^iblo 
to  the  same  office  for  the  next  succeeding  term;  nor  shall  he,  during  his  term  of 
service,  or  within  one  year  thereafter,  be  eligible  to  any  jioliiical  office. 

32.  The  justices  of  the  peace,  sheriffs,  attorneys  for  the  commonwealth,  clerka 
of  the  circuit  and  county  courts,  and  all  other  county  officers,  shall  be  suljcct  to 
indictment  for  malfi-asance,  misfeasance  or  iicgh-ctof  official  duty;  and  upon  con- 
viction thereof,  their  offices  shall  become  vacant. 

Corporation   Courts  and  Officers. 

33.  The  general  assi  nibly  may  vest  such  jurisdiction  as  shall  be  deemed  neces- 
sar}'  i(«  corporation  couits,  and  in  the  magistrates  who  may  belojig  to  the  corporuto 

body. 

34.  All  officers  appertaining  to  the  cities  and  other  municipal  corporations,  shall 
be  elected  I'y  the  (nullified  voters,  or  appointed  by  the  constituted  authoiiticc"  of 
such  cities  or  corporations,  as  may  be  prescribed  by  hiw- 

Done  in  convention,  in  the  city  of  Uichmond.  on  the  first  day  of  August,  in  tho 
year  of  our  Lord  one  thousand  eiyht  hundred  and  fifty-one,  and  iu  tho 
seventy-sixth  year  of  the  commonwealth  of  Virginia.  ' 

JOHN  Y.  MASON, 

Preset  (J'  die  Conventbiti. 
S.  D.  WIITTTLE, 

Hear  eta  r II  of  the  Convention. 


SCHEDULE. 


2.  C"iiHtitiiti<>ri.  Iirvv  fuliliHti  d 

3.  H""  Kiiiiii.ittert  to  pecitle  for  ratification  or  re- 

j  c  i'>». 

4.  P<  {rnlHtionu  for  H-ocrtiiii'itig  Hppfp  of  votori!. 

5.  R'K'U,  Yi'v  atpc  itnini  f1     nd   iti  rl;  iin  <1      Or. 

ii>r:tl   i-ltctioii  for  1(  gibliiture  and  exeuuUve 
oflicpr.*. 
fi.   Eltftion,  h<  w  conducted. 

7.  R.  t"rM  if  iM.Jlrt. 

8.  Oftii'orK,  wht-n  and  wlicrp  to  apppmlilp. 

9.  L' !  i-l;itor' ,    wliin    and    where    to    assemble. 

Tlitir  oaths. 


10.  Lpgislatnrp  urdtr  former   coPBlitution,   abro- 

11.  'JVriM  (f  mi  inber«  ot  !p[?i^lRtvre. 

12.  Torm  <f  govf  T'l-r.  li(  iiteiimit  Kovernor'and  .at- 

tnmc  y  sri  luiiil 
l.T     Terms  .' f  ■"iIkcs.  whi  ii  to  e-^nirp. 
H     When  f.inier  I  xt-cniiv  office  lo  expire.    Olher 

ntfie<r»,  linw  loig  to  reie^ill  in  I  ffce. 
15.    H-w  long  ciiiirts  t"  Cdiitiuue.     Lhwh  to  remain 

ill  fi-rci'.  tiew  lorg 
16    Legialuture  to  carry  coU8;l"Ution  into  effect. 


1.  It  8hn!l  lie  tlio  duty  of  iho  lu-osidcnt  of  tlii;^  cniiTontinn,  inimctliatt^ly  on  its 
fldjotirnniciit.  fo  eortifv  to  tli--  governor  a  C<ii>y  of  tlie  l-ill  of  rii;;litj!  and  eou>titu- 
tioii  adopted,  toge:Iier  with  this  scliedule. 

2.  Upon  the  receipt  of  i^iuh  certified  copy,  tlie  governor  hhiill  fortliwitli  annntince 
the  fact  Ity  proclamation,  to  he  pnhlished  in  pnch  iie\vspa|>en-<  of  the  ftate  as  may 
I)e  deemed  ntpjifite  for  general  information;  and  shall  annex  to  his  proclamation 
n  copy  of  the  bill  of  riglits  and  eonstitntion,  together  with  this  ecli<*ilnle;  which 
proclamation,-  hill  of  rights,  conptitntion  and  schedule  shall  he  piihlislied  in  tlio 
manner  indie  itcd,  for  the  period  of  one  month;  and  t«n  printed  copiers  thereof 
thall,  l»y  the  tetieiary  of  the  comnioiiwt  allh.  le  ininiedialely  tran^njilti d  iiy  mail 
to  the  cleik  of  ench  lounly  and  corporation  court  in  this  conimonwealih,  to  be  by 
Kuch  cleik  submitted  to  the  exan.inatioii  of  any  p(M>on  de.-iiing  the  same. 

3.  Tin-  ofTcers  authorized  by  evicting  laws  to  conduct  gencrrl  elt  ctiim*!  shall,  at 
the  places  appointed  fur  noiding  the  •same,  open  a  pidl-liook  on  the  fourth  Tlnirs- 
day  in  October  next,  to  be  headed  "The  Con8titnti(ni  as  amended  and  Schedule," 
and  to  contain  two  separate  colnmna:  the  firsr  ftdiimn  to  be  headed  "For  Ratify- 
ing;" the  other  t(»  be  headed  "F<>r  Rejecting."  And  such  ollicers,  keeping  said 
jxdls  opi'ii  for  the  space  of  three  d:iys,  sintll  then  and  there  reteixe  and  record  in 
said  p<dl-l>o(di  the  votes  fur  and  against  this  constitution  and  schedule,  of  all  p-*r- 
Bons  qualitied,  under  the  rxieting  ftr  amended  coiietiliilion,  to  exercise  the  right  of 
suffrage.  .  , 

4.  The  faking  of  the  polls,  the  duties  to  be  performed  Ij-  llie  cfllcers,  the  privi- 
lege of  the  voters,  and  the  penalties  attaching  for  misconduct  on  the  part  of  any 
pel-son,  shall  lie  in  all  things  as  prescribed  by  the  second,  third,  fourth,  seventh, 
eighth  ami  ninth  seeti-ms  of  the  act  of  the  gcner;d  assembly  p/issed  Ma'ch  the 
fourth,  one  thousand  eight  hundred  and  fiiry.  entit'ed  -'An  act  to  take  the  sense  of 
the  pt'ople  upcHi  the  call  of  a  convention,  and  j)rovi(ling  for  organizing  the  Bunie," 
BO  far  ua  the  provisions  of  said  st  ctious  may  be  applicable. 


23  ■  ■  SCHEDULE. 

'5.  It  sljal]  hp  the  tlnty  of  the  jrnvprnov,  npnn  vccfiviii]^:  tlie  rftnrns  nf  pnifl  offi- 
cers, to  Jiseci tain  tlie  lesult  tluTcof,  aiunVirtliuitli  to  d<clai«*  llu-  8a(ii<i  l)y  liis  pro- 
Gl.itiiiition.  stilting-  tiie  Jij^^rcgate^  vote  in  tlie  stnti-  ((ir  and  ajr;iiiist  ilio  latiticii'ion 
of  tile  aiiicii(li-<l  ciiiis^titiitiiMi  and  sc^icdulc,  uli:1!li  sliall  l.e  jnihlishcd  at  least  once 
a  week  until  tin-  secnnd  Monday  in  Decenilier  iie.xt.  in  sncli  ne\v>[)a])ers  a:<  in  liis 
opinion  will  he  liest  crdculated  to  cliiFiise  general  inforniatmn  thereof;  and  if  it. 
appear  that  a  majority  of  rhe  votes  cast  is  in  favor  of  ratification,  the  governor,  at 
the  same  time,  and  in  like  manner,  shall  nialio  proclamation  *br  holding,  on  the 
day  Last  mentioned,  a  general  election  thronghont  the  state  for  delegates  and  sena- 
tors to  the  general  assembly,  according  to  the  apporlionmgnt  and  distiicts  pre- 
scribed in  this'constitntion ;  and  also  for  the  election  of  a  governor,  lieuteuaut 
governor  and  attorney  general.  . 

6.  Tile  ofBcers  authorized  by  existing  laws  to  hold  and  cindnct  general  elec- 
tions, ■shall  hold  and  conduct  the  electimis  herein  required;  and  such  officers  and 
all  other  p'  rsons  shall  be  governed  and  controlled  therein  by  the  provisions  of  said 
laws,  so  far  as  the  same  may  be  ap]dicable  to  and  necessary  for  the  proper  con- 
ducting of  the  said  elections.  Duplicate  ])olls  shall  be  separately  kept  fur  go- 
vernor and  lieutenant  governor,  for  attorney  general,  and  tor  senators  and  dele- 
gates to  the  general  assembly,  which  shall  be  verified  by  the  oaths  of  the  officers 
conducting  the  elections. 

7.  The  verified  du])lieate  polls  for  governor,  lieutenant  governor  and  attorney 
general  shall  be  deposited  with  the  clerks  of  the  several  c<iunties  and  cities,  who 
sliall  retain  one  in  their  respective  offices,  and  irausuiit  the  other  by  mail  to  the 
secretary  of  the  comnionweakh. 

8.  In  the  election  of  senators  and  delegates  for  districts  formed  of  more  tban 
one  county  and  city,  the  officers  conducting  the  same  at  the  caurt-In.use  of  the 
sevi-ral  counties  and  cities  forming  each  district  shall  assemble,  on  the  eiglnh  day 
alter  the  commencement  of  the  said  election,  at  the  court  house  of  the  cdunfy  or 
city  iirst  mtmcd  as  one  of  the  counties  of  the  district;  shall  compare  the  polls  and 
ascertain  the  result,  and  shall  deliver  and  return  certilicates  of  election  according 
to  the  laws  now  in  force. 

9.  The  members  of  the  general  assembly  so  elected  shall  mectat  the  capitol  in 
tlie  citv  of  IJichmond  on  the  second  Monday  in  Ja'nuary  in  the  yi-ar  one  thousand 
eight  Immh-'  d  and  fifty  two,  and  then  and  there  organize  as  the  General  Assembly 
of  Virginia;  but  before  si^di  organization,  th<-y  shall  respectively  take  the  oath  of 
fidelity  to  the  commouweallh,  and  the  other  oatiis  of  office  re(iiiired  by  the  laws 
now  in  force. 

10.  The  eleciion  of  members  of  the  general,  assembly  under  this  constitution 
sliall  vacate  the  seats  of  those  elected  under  the  present  constitution. 

11.  The  oiUcial   terms  of  the  delegates  first  elected   to   tiie  general  assend)ly 
under  this  constituiion  sliall  expire  on  the  oOth  d.iy  of  June,  iu  tiie  year  one  thou- 
sand eight  hundred  and  fifty-three. 

12.  The  official  terms  of  the  first  governor,  lieutenant  governor  and  attorney 
general  i-leetcd  under  this  constitution  shall  <  x]  ire  mi  the  tliiily-first  d;iy  of  De- 
cember, in  the  year  0:1c  tliuusanJ  eight  luuulred  and  filty-fivc. 


SCHEDULE.  ■  2D 

1^.  TliP  piT'sent  jiiilgcs  of  the  ?npveme  cnnrt  of  appeals  and  of  the  circuit 
cmiits,  niid  their  siucessors,  wlio  iiiny  he  iippoiiiteil  iiiuhT  tlie  existinj;  constitution, 
tliiill  reniiiiu  in  « fSce  until  such  time  a^  the  law  may  |)re8erihe  for  the  commeiiee- 
iiieiit  of  the  official  terms  of  the  judges  under  the  Jimended  con!*titntioii,  and  no 
linger;  \vhicli  time  shall  not  l)e  n;ore  than  six  months  after  the  termination  of 
the  first  ee8>iun  of  the  general  asjeudjiy  under  the  amended  constitution. 

14.  The  executive  department  of  tlie  government  shall  remain  as  at  present 
organizeil ;  and  the  governor  ami  councillors  of  state  and  tht^ir  successors  appyinted 
under  the  existing  constitution  shall  continue  in  office  luitil  a  governor  eKcted 
under  this  constitution  shall  he  qnalificd  ;  and  all  other  persons  in  ofhee  when  this 
constiiution  is  adopted,  except  as  is  herein  otherwise  exjjressly  directed,  shall  con- 
tinue in  office  until  tliHr  successurs  iirc  (lualilied;  and  vacancies  in  office,  hap- 
pening before  such  «iualificalion,  shall  be  filled  in  the  inatmer  now  prescribed 
by  law. 

15.  All  the  courts  of  justice  now  existing  shall  continue  with  their  present 
jurisdiction  until  and  except  so  far  as  the  judicial  system  m;iy  or  shall  he  other- 
wise organized ;  and  all  laws  in  force  when  this  constitution  is  adopied,  and  not 
inconsistent  therewith,  and  all  rights,  jirosecutions,  actions,  claims  and  contracts 
shall  remain  and  continue  as  if  this  constitution  was  not  adopted. 

IG.  The  general  assembly  shall  pass  all  laws  necessary  for  carrying  this  consti- 
tution into  full  effect  and  operation. 

Done  in  conventitm,  in  the  cit}'  of  Hichmond,  on  the  first  day  of  August,  in  the 
year  of  our  Lord  one  tln>\|^aud  eight  hundred  and  fifty-one,  and  iu  tho 
fieveuty-sixth  year  of  the  comuionwealth  of  Virginia. 


S.  D.  WHITTLE, 

Secretary  of  the  Convention. 


JOHN  Y.  MASON, 

Preset  of  the  Convention. 


•  ♦ 


